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    • who is legal guardian?
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Question from abc123_tkNov-4
My 16 yr old niece was recently orphaned. She is still living with the gentleman she and her mom lived with for the last 4 years. He has acted as a father figure to her and she wants to stay with him. He is not a blood relative, but the family is in favor of this arrangement. At this moment though, with her mother not having a will, and her deceased father's family having given up rights when her father passed away, we do not know who her legal guardian is. She has an older brother in his 20's and an out of state, uninterested grandmother. We need to provide her school a legal document showing who is her guardian and can sign papers on her behalf. Can anyone help?
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pg1067 Nov-4 79008.2

She doesn't have a "legal guardian" until the court declares there to be one.  I'm not sure what you mean when you say that the father's "family [gave] up rights when her father passed away."  The father's "family" didn't have any rights to give up.  It is likely that they have the same rights that the mother's "family" have.  Keep in mind, by the way, that the term "family" is inherently vague.

"We need to provide her school a legal document showing who is her guardian and can sign papers on her behalf."

Someone needs to file a petition to establish a guardianship.  If the mother's "family" approves of the mother's boyfriend, then he can apply to be the guardian, and the appropriate family members can file declarations in support of the application.  I would expect that family members on the father's side will have to receive notice and an opportunity to object if they wish.  Consult local counsel about how best to do this.

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