ASLA Workshop on Minor Guardianship

Authored By: American Samoa Legal Aid

February 7, 2017 @12:30pm - 2pm ; American Samoa Community College Lecture Hall

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  1. Inter Vivos Power of Attorney. Information Requested by ASLA:
    1. Is need for appointment imminent?
    2. Is appointment duration for days, weeks, or months?
    3. POA or appointment by a natural parent(s) listed in Minor's birth certificate.
    4. Copy of Minor's birth certificate.
    5. Valid ID for natural parent.
    6. Minor's name in birth certificate.
    7. Name of attorney in fact.Address. Relationship to Minor.
    8. Reason(s) for Power of Attorney.
    9. ASLA puts provision that natural parent not allowing attorney in fact to enroll Minor in stateside welfare program, to protect natural parent from URESA action.
  2. Petition for Court Appointment of Minor's Guardian. Information Requested by ASLA:
    1. Petitioner's name, Minor's name and Petitioner's relationship to Minor.
    2. Copy of Minor's birth certificate.
    3. Reason Petitioner is seeking appointment of guardian for Minor because: Minor's natural parents deceased; Minor's parent joining military; Minor has been abandoned; Minor is in need of medical treatment, etc.
    4. Type of Guardian: long-term (until minor's 18th birthday), short-term (not to exceed two years), or guardian of minor's estate (until minor's 18th birthday).
    5. Other information on Petitioner: Age, village, mailing and physical address, telephone home/work/cell, length of residence in AS, place of birth.
    6. Other information on Minor: Age, date of birth, place of birth, minor's village, mailing and physical address, telephone home/work/cell, length of residence in American Samoa, place of birth.
    7. Information about each of Minor's natural parents (Mother and Father): Parent's name, alive or deceased, if deceased a copy of death certificate (date parent's passing, place of death, under what circumstances). If parent is living, current address, telephone home/work/cell. If no address, last known address during what year, parent's citizenship.
    8. Court jurisdiction and venue is proper because Minor lives in AS since what date or other reason for jurisdiction.
    9. Reason why the best interest of the Minor will be served by the appointment of Guardian.
    10. Minor is 12 years old or older (copy of minor's notarized sworn consent to the Appointment of a guardian is attached). Minor is less than 12 years old and unmarried and the parent(s) consents to the appointment of the Guardian(s)--attach a notarized, signed consent of the parent(s) if the parent is not the petitioner; parental rights have been terminated by a prior court order (a copy of the order attached) and parents are unwilling, unable or otherwise not available to consent because...
    11. Petitioner is 21 years of age or older, has resided in AS since what date; Petitioner is otherwise within the court's jurisdiction. Petitioner requesting himself to be the Guardian. Petitioner requesting another person who is at least twenty one years old to be guardian. Other person's name, age, relationship to minor, village, telephone home/cell/work, mailing address and has residen in AS since a date.
    12. A guardian has not been previously appointed for the minor; a guardian has previously been appointed for the minor but circumstances require a new guardian to be appointed because...
    13. Minor has no assets or income; or
    14. Minor has assets (bank account, property, etc.) estimated value of each asset.
    15. Minor has income (Social Security, insurance, etc.) estimated value of each income.
    16. Petitioner requests appointment of Guardian be made after Notice and Hearing.
    17. Verified Petition signed by Petitioner and notarized. ASLA attorney also signs.
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