Legal Guardianship Transfer Consent

Legal Guardianship Transfer Consent

This Legal Guardianship Transfer Consent (the "Consent") is made on this by and between Current Guardian Name: of Current Guardian Address: (hereinafter "Current Guardian"), and Proposed Guardian Name: of Proposed Guardian Address: (hereinafter "Proposed Guardian"). The minor for whom guardianship is held (the "Ward") is: Name: Date of Birth: Court/Cause No.:

RECITALS

WHEREAS, Current Guardian is the duly appointed legal guardian of the Ward pursuant to orders of the court referenced above and has the authority and responsibility to make decisions concerning the Ward's person and estate; and

WHEREAS, Proposed Guardian has represented that Proposed Guardian is willing and able to assume the duties and responsibilities of legal guardian for the Ward and to act in the Ward's best interests; and

WHEREAS, Current Guardian and Proposed Guardian desire to memorialize their mutual consent to the transfer of guardianship, subject to the approval of the court having jurisdiction over the Ward.

NOW THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

1. CONSENT TO TRANSFER

Current Guardian hereby voluntarily and unconditionally consents to the transfer of legal guardianship of the Ward to Proposed Guardian. Current Guardian authorizes the filing of any and all pleadings, declarations, consents and other documents necessary to effectuate the transfer, and agrees to execute and deliver such further instruments as reasonably requested to obtain court approval.

2. POWERS AND DUTIES OF PROPOSED GUARDIAN

Upon court approval, Proposed Guardian shall assume all duties, powers, responsibilities and liabilities of a legal guardian as provided by applicable law and as set forth in the court's guardianship order, including, without limitation, the care, custody, education, medical decision-making and, where applicable, the management of the Ward's estate. Proposed Guardian shall exercise such powers only in a manner consistent with the Ward's best interests and shall comply with all reporting requirements imposed by the court.

3. REPRESENTATIONS AND WARRANTIES

Each party represents and warrants to the other that: (a) such party has full capacity and authority to enter into and perform this Consent; (b) the execution and delivery of this Consent and performance hereunder will not violate any other agreement, order, or legal requirement applicable to such party; and (c) to the best of Current Guardian's knowledge, there are no pending petitions or appeals that would prohibit or materially impair the transfer of guardianship described herein.

4. BEST INTERESTS OF THE WARD

The parties acknowledge and affirm that the transfer of guardianship is undertaken for the welfare, protection and best interests of the Ward. Current Guardian and Proposed Guardian each declare that, after reasonable consideration, the transfer is consistent with the Ward's health, safety, and developmental needs.

5. COURT APPROVAL; EFFECTIVE DATE

This Consent is expressly conditioned upon approval by the court having jurisdiction over the guardianship of the Ward. This Consent shall become effective upon the entry of a valid court order transferring guardianship to Proposed Guardian. If the court declines to approve the transfer, this Consent shall be null and void and of no force or effect, except as may be otherwise ordered by the court.

6. COOPERATION AND FURTHER ACTS

Each party agrees to cooperate fully and to execute and deliver such further documents and to take such further actions as may be reasonably necessary to obtain court approval and to effectuate the transfer contemplated by this Consent.

7. INDEMNIFICATION

Current Guardian agrees to indemnify and hold harmless Proposed Guardian from and against any claims, liabilities or expenses arising from acts or omissions of Current Guardian occurring prior to the effective date of transfer, except where such claims arise from the gross negligence or willful misconduct of Proposed Guardian.

8. NOTICES

Notices to Current Guardian:

Notices to Proposed Guardian:

All notices under this Consent shall be in writing and shall be deemed given upon personal delivery, upon confirmed receipt by courier, or three business days after deposit in the United States mail, postage prepaid, to the addresses provided above or to such other address as a party designates by notice in accordance with this Section.

9. AMENDMENT; WAIVER

This Consent may be amended or modified only by a written instrument executed by both parties and, where required, approved by the court. No waiver of any provision hereof shall be effective unless in writing signed by the party against whom the waiver is asserted.

10. GOVERNING LAW

This Consent shall be governed by and construed in accordance with the laws of the State in which the court that entered the guardianship order is located, without regard to conflict of laws principles.

11. ENTIRE AGREEMENT; SEVERABILITY

This Consent constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral. If any provision of this Consent is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12. COUNTERPARTS; EXECUTION

This Consent may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Facsimile or electronic signatures shall be deemed to be original signatures for all purposes.

ADDITIONAL TERMS

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