Dealing with an unexpected family
By Jay MacDonald • Bankrate.com

When your sister asked you to be the guardian of her 10-year-old son should anything ever happen to her, you readily agreed, never imagining for a moment that the worst-case scenario might actually occur.

And then it did.

What do you do when you find yourself suddenly entrusted with the care of a child?

In most cases, numerous emotional, legal and financial issues lie ahead that could profoundly affect you, your family and the orphaned child. Even running the gantlet to become the child's legal guardian can be an arduous and expensive proposition.

A guardian is a nonparent appointed by the court to take responsibility for the care of a minor (or ward). You may be named a custodial guardian, giving you responsibility for the child's physical care; a financial guardian, giving you responsibility for the child's money; or a plenary guardian, meaning you are responsible for both the child and the child's finances.

A guardianship allows you to assume responsibility for your nephew without incurring the legal liability that comes with adoption. In either case, your legal responsibility ends when the child turns 18.

To honor your oath to your sister, here is what it may take to become a guardian.

How to become a guardian
Despite the vow you made to your sister, legal guardianship does not automatically fall to you, even if you were named as such in your sister's will. You must petition for that designation through the family or surrogate's court in the county in which your sister resided.

Guardianships are governed by state law and vary from state to state, but the fee to file is generally minimal. In Florida, for example, it's $200. You may even be allowed to file without an attorney.

As part of your petition, you will be required to notify all interested parties, meaning all other family members, of your desire to be the child's guardian. If no one objects and you can prove you are of sound character and financially able to take on the task, you may be granted custody without a formal hearing.

But if your nomination is challenged, you could face lengthy and costly litigation, according to Holly Beth Chernoff, a partner in the law firm of Bass and Chernoff of Naples, Fla.

"If it's contested, a hearing date is set and you have discovery. You want to find out about the other person and their life and financials. Maybe they've been arrested or lost their own kids. Then you have a hearing, which is a mini trial, and it could be days of trial leading up to the judge's decision. That's going to run into thousands of dollars," she says.

Chernoff notes that being named guardian in your sister's will may give you an advantage over any challengers. Family members also typically receive preference over nonfamily petitioners. That said, the court is likely to consider whether choosing one family member over another will cause family friction.