I am doing this for a friend.. She has just found out that she has cancer and was given 6 months. She also has a daughter that she wonts to go to me.. I need to know how to start a living will/ custody papers..
She needs to talk to a Wills and Estate or a Probate Attorney. What can be done about custody will depend on where the father is, and what he wants. You won't have standing to sue about the child unless you have actual care, possession and control of the child for at least six months before suit is filed.
I a very sorry about your friend. I hope she proves them wrong.
Ms. Laster practices in Dallas, Denton, Collin and Tarrant Counties.
Go see an estate planning attorney for the necessary documentation. You also need to look at guardianship proceedings for your friends minor child. It probably will cost some money so get prepared to spend some and have it done right.
The information provided herein is not, nor is it intended to be, legal advice. It is for informational purposes only. No attorney-client relationship has been created and we have no obligations to you or your case.
Having a living will (Durable Power of Attorney for Health Care) prepared is not difficult. Your friend should also prepare her last will and testament at the same time. The will should state that she wants custody of her daughter to go to you. Preparation of both of these documents would be a minimal expense, approximately $500.
At the same time, you should file an application to be appointed the guardian of both the person and the estate of your friend's daughter immediately, while your friend remains with us and can testify in favor of the guardianship. This solves many problems in the event that someone contests your appointment as the guardian after your friend has gone to her maker and is not available to express her wishes.
Do not assume that no one will contest your appointment as a guardian in the will. There is something about wills that drive normal people stark raving mad. Do not assume that the most rationale of your friend's family will not grow fangs once your friend is gone.
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