Selecting a guardian for a child or mentally disabled adult is a difficult task in and of its own, but especially when naming a non-citizen as a guardian. The decision to name a non-citizen as a potential guardian should never be taken lightly, and if you are considering naming a non-citizen as a guardian, you should consult a legal professional before doing so.

In general, courts could attempt to make decisions that are in the best interest of a child or disabled adult, and before a non-citizen could assume guardian status, they must be approved by the legal system. The court often takes into consideration whether the child will live in another country with the non-citizen guardian.

Naming a non-citizen as a guardian of a minor in Lombard is complicated, and if you plan to do so, you must be prepared for the process.

Could a Parent or Caretaker Name a Non-Citizen as a Guardian?

Before selecting a non-citizen guardian, parents and caretakers should meet with their estate planning attorney. To increase their chances of having a non-citizen named as a guardian, they may want to ask the non-citizen if they would consider moving to the United States to care for the child or adult.

Parents or caretakers could also specify if they want the child to return to the United States at some point. It is important to note, however, that the court may not discriminate against a non-citizen potential guardian as long as they prove they are capable of caring for the protected person in question.

Considerations to Keep in Mind When Naming a Guardian

If a court considers naming a non-citizen as a guardian, certain questions must be answered. Courts need to consider:

  • If the non-citizen has sufficient financial assets to care for the child
  • If the country in which the non-citizen resides is safe and suitable for a child or disabled person
  • If the non-citizen has any religious and spiritual practices that must be taken into account
  • If the non-citizen is mentally and physically healthy enough to care for their protected person
  • Does the non-citizen have the means to travel back to the United States if necessary?

All the considerations above are important, and if the court does not feel the non-citizen could provide adequate care in a safe setting, it may select another guardian, regardless of what is listed in the will of a parent or caretaker.

Other Considerations for Naming a Non-Citizen Guardian

Naming a guardian is a major decision, but parents and caretakers must remember a guardian is typically not needed unless both parents are incapacitated or deceased. If this occurs, a child may experience immense psychological difficulties, and the process of having to switch countries, schools, and settings could add to these difficulties. Moving to another country could also mean they no longer have access to the support system they currently have in the United States.

When naming a non-citizen as a guardian of a minor in Lombard, parents and caretakers should remember the judge has the final say and could limit the guardianship of a person as they see fit.

Contact an Attorney in Lombard

Naming a non-citizen as a guardian of a minor in Lombard is a major deal that should not be taken lightly. Sometimes, sending a child abroad is not in the child’s best interest, and it may be beneficial to consider other options. However, if a child truly has an attachment to the non-citizen and feels comfortable with them, it may be the more favorable choice for all parties.

Contact an attorney today if you are considering naming a non-citizen as a guardian of a minor in Lombard.