Legal Guardianship Form

LEGAL GUARDIANSHIP AGREEMENT

This Legal Guardianship Agreement (the "Agreement") is made on the day of , , by and between Petitioner/Parent: , residing at , and Proposed Guardian: , residing at .

RECITALS

WHEREAS, Petitioner is the parent or legal custodian of the minor or incapacitated person (the "Ward"): Name: , born on ; and

WHEREAS, Petitioner desires to appoint Guardian to act as guardian for the Ward in the event Petitioner becomes unable, unavailable, or otherwise unfit to exercise parental or custodial responsibilities; and

WHEREAS, Guardian has represented to Petitioner that Guardian is willing and able to assume the duties and responsibilities of a guardian and to act in the best interests of the Ward.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, the following definitions apply: "Ward" means the minor or incapacitated person identified above; "Guardian" means the individual appointed by Petitioner herein; "Petitioner" means the person executing this Agreement who asserts parental or custodial authority to make this appointment.

2. APPOINTMENT

Petitioner hereby appoints Guardian to serve as the legal guardian of the Ward. The appointment shall become effective upon Petitioner’s incapacity, death, or other event described in Section 2.1 and shall continue until termination as provided in this Agreement or until superseded by a court of competent jurisdiction.

2.1 Events Triggering Appointment: The appointment is intended to become operative upon any of the following occurrences, as applicable: Petitioner’s death; Petitioner’s adjudicated incapacity; or Petitioner’s written or evidenced inability to care for the Ward. Describe any special triggering conditions:

3. SCOPE OF AUTHORITY

Guardian shall have the authority to act on behalf of the Ward in matters concerning the Ward’s person and/or estate as specified below. This appointment grants the authority to make decisions that are necessary for the Ward’s health, education, welfare, and support, subject to any limitations set forth in this Agreement.

Check the powers expressly granted to Guardian (initial applicable boxes and provide any limitations in the space provided):

4. DUTIES OF GUARDIAN

Guardian accepts the appointment and agrees to act in the Ward’s best interests, to exercise reasonable care and diligence, to provide for the Ward’s physical and emotional needs, and to preserve the Ward’s property. Guardian shall maintain accurate records of decisions, expenditures, and the Ward's condition and shall provide periodic reports or accountings to Petitioner or to a court upon request.

5. COMPENSATION AND EXPENSES

Guardian shall be entitled to reimbursement for reasonable expenses paid on behalf of the Ward and may receive compensation as approved in writing by Petitioner or ordered by a court. If compensation is agreed, state the terms below:

6. RECORDS, ACCOUNTINGS AND ACCESS

Guardian shall keep accurate and contemporaneous records of all expenditures and decisions affecting the Ward. Upon reasonable request, Guardian shall permit Petitioner or a court to inspect records and shall deliver annual accountings if requested by Petitioner or ordered by a court.

7. COURT ACTIONS AND BOND

The parties acknowledge that the legal exercise of guardianship authority may require filing a petition with and obtaining appointment from a court of competent jurisdiction. Petitioner and Guardian agree to cooperate in seeking any necessary court recognitions. Bond requirements shall follow applicable law; indicate whether a bond is required:

8. TERM, TERMINATION AND RESIGNATION

This Agreement continues until the Ward reaches majority, the Ward is no longer incapacitated, a court orders otherwise, Petitioner revokes this Agreement in writing while competent, or Guardian resigns or is removed. Guardian shall give written notice to Petitioner prior to resigning and shall take reasonable steps to transfer guardianship responsibilities to a successor.

9. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses below by hand delivery, certified mail, or other agreed method. Notices are effective on receipt.

10. REPRESENTATIONS AND WARRANTIES

Petitioner represents and warrants that Petitioner is the legal parent or lawful custodian entitled to appoint a guardian for the Ward and that the statements contained in this Agreement are true and complete to the best of Petitioner’s knowledge. Guardian represents and warrants that Guardian is not subject to any legal disability that would prevent Guardian from serving and that Guardian will comply with all applicable laws and court orders.

11. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state in which the Ward primarily resides, without regard to conflict of law principles.

12. ENTIRE AGREEMENT; SEVERABILITY

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

13. AMENDMENTS; WAIVER; COUNTERPARTS

Any amendment or modification of this Agreement must be in writing signed by both parties. Failure to enforce a provision shall not constitute a waiver of future enforcement. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

14. ADDITIONAL PROVISIONS

15. CERTIFICATION

Petitioner certifies under penalty of perjury that Petitioner is the lawful parent or legal custodian of the Ward and that the appointment contained in this Agreement is made freely, without undue influence, and in the best interests of the Ward.

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