[Toby Bird]

My Sister was recently killed in an auto accident in N.C. Her 10 year old son, my nephew, is with me in Arizona. I need to get Legal Guardianship so I can enroll him in school, take to hospital if needed etc. If anyone has been through this please respond.

Thank You,

Terry W.

[shygrneyzs]

Yes, I have been through this with my youngest son. First you need to consult an attorney, who does guardianship. You start the process there. That attorney will file the petition to the courts and will set up for an attorney on behalf of your nephew. There will also be a court visitor, who comes to your home and interviews you and your nephew, makes calls to others regarding your fitness and care. The guardian ad litem, representing your nephew, will come and visit you and your nephew, do whatever the court requires and report back to the court. Same with the court visitor.

You will be paying for three services - your attorney, your nephew's attorney (the guardian ad litem), and the court visitor. I do not know what the fee schedule is down there, that you can find out by calling around. You will be paying for filing the petition.

Your attorney will inform you as to court date. You and your nephew go, the Judge will review what is presented and hopefully, you will be your nephew's guardian. Generally, with his age, it would be a full guardianship. When you get your final papers from your attorney, keep the originals and make copies of the court order for his school, doctor, etc.

For me, it was not a long process. In less than 3 months I had guardianship.

Best wishes to you and your nephew.