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Do i have to hire an attorney to do a simple change of guardianship for a minor child?
West Memphis, AR
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Posted 22 days ago in Guardianship
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When my son was 2(10 years ago), i had a drug addiction and allowed my parents to adopt him. My father passed away 5 years ago and my son came back to live with me 3 1/2 years ago, he also receives SS Benefits. My mother and I went to SS 2 years ago and changed his benefits payee to me, since he is back with me. She recently mentioned that she would like to go ahead and change legal guardianship of him to me so that she can go ahead and live her retired life without worrying about the legal responsibilities of a minor. We contacted numerious attorney's and they all wanted 1500 to 2000 to start the paperwork. Can we do this process ourselves in the court or do we have to retain legal counsel? We are not rich and would like to handle this matter, but can not afford an attorney.
Answers (2)
Christopher Joseph Tamms
This attorney is licensed in Ohio.
Posted 22 days ago.
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If there was an actual adoption, than you will likely need an attorney to handle the matter. If it was in informal change in guardianship (ie: you handing your son to his grandmother and filling out some power of attorney forms), you can likely handle that yourself.
This is merely general advice as I do not practice in your state. Please seek legal counsel in your jurisdiction prior to taking any action. 
Scott Allen Scholl
This attorney is licensed in Arkansas.
Posted 22 days ago.
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If it was an adoption, then you will either have to adopt him yourself (because the legal effect of the first adoption is that you are no longer his parent) or petition the court to appoint you as his guardian.
If it was a guardianship, then you would need to file a motion to terminate the guardianship. If it was a case it which you executed a power of attorney, you can simply notify anyone who has knowledge of/relied on the power of attorney that you are revoking it. |
