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Does temporary legal guardianship supersede a parental emancipation?

Las Vegas, NV |

My friend's older sister currently has temporary legal guardianship of her. Her father (lives in CA) said he would sign emancipation papers for her to be "on her own". Can this happen without the older sister having a say? Also, my friend's mom committed suicide last year and so she receives a check (I believe from social security), if she is emancipated will that affect her receiving that check every month?

Attorney Answers 3

Posted

You've really not provided enough facts to give a good answer. A lot will depend upon which state issued the guardianship (CA or NV?) though I suspect they will be pretty similar. In Nevada, the guardian has first say in what happens with the child, and Dad would have to terminate the guardianship before he makes those decisions unilaterally. And early emancipation requires a legal proceeding, so merely signing a piece of paper will not divest the guardian of her ward. As for the Social Security Benefits, it will depend upon the type of benefits she receives (and the basis for them) so she should contact the Social Security Office directly for that answer.

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Posted

Is there a certain amount of income an emancipated minor must have? I read that they have to be financially self-sufficient to be emancipated. I'm not sure how much she receives from Social Security, but I know it is enough to pay rent, food, etc. Basically the issue is her going back to her older sister's. Because of her temporary guardianship, we are trying to figure out how my friend would not have to go back to her sister's house and what legally needs to be done. She is 16 if that helps.

Keith Pickard

Keith Pickard

Posted

Nevada law provides that anyone over 16 years of age may petition the court for emancipation. (NRS 129.080). There are a number of things the minor must demonstrate, including that they are receiving a legal income and managing their own financial affiars. (NRS 129.090). None of this is particularly easy to do, particularly for a 16 year old. But to answer the question completely, your friend needs to consult with an attorney who can get enough facts to answer properly.

Posted

Mr. Pickard's answer is absolutely correct. But I am not sure what you mean by temporary guardianship. If there is no court order, dad can void a temp guard. But there also must be grounds to emancipate, and the minor must have the ability to support her/himself.

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Posted

The social security checks will continue to come in until she turns 18. As to the other part of your question, you need to consult with an attorney who can examine all the facts and give you proper advise.

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