[WSBAPT] Non-citizen/non-resident guardian

[Dan Findley]

In Washington state, citizenship and state residency are not a qualification requirement, so long as a resident agent is appointed for service of process if a nonresident.   You definitely need to consider practical issues and contingency plans.  Travel time, visa requirements, etc. may require a temporary guardian until the foreign national can serve (or be the successor guardian if the foreign national is denied appointment).   

Also, consider the country - if the country is one where endangerment to the child is a risk (i.e on the U.S. State Department Travel Warning List), the court may consider it not in the best interest of the child to allow expatriation of the child to that country.
  
________________________________________________________________
Daniel G. Findley | vCard <http://www.mms-seattle.com/wp-content/uploads/2014/04/Daniel-G.-Findley.vcf>
Attorney
 
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> On Jun 4, 2015, at 10:37 AM, Jacob Menashe <jacob at hickmanmenashe.com> wrote:
> 
> Great answer. Thank you. Assuming dual-citizenship, what about the non-citizen, non-resident being appointed as guardian here in Washington? To arrange whatever needs to be done to get the children from here to there. Can the non-citizen, non-resident, serve as guardian?
>  
> From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Dan Findley
> Sent: Thursday, June 04, 2015 9:52 AM
> To: WSBA Probate & Trust Listserv
> Subject: Re: [WSBAPT] Non-citizen/non-resident guardian
>  
>  
> An issue will be the citizenship of the children.  If the children are U.S. citizens without dual citizenship for the country of the proposed guardian, then it would be very difficult and not practical to provide for this arrangement.  If the children are citizens of the other country, then arrangement is possible.  However, a meaningful discussion of the practical issues of relocating children to another country should occur (language and cultural fluency, educational system differences, social adjustment/friendships, etc.).
>  
> ________________________________________________________________
> Daniel G. Findley | vCard <http://www.mms-seattle.com/wp-content/uploads/2014/04/Daniel-G.-Findley.vcf>
> Attorney
>  
> Mills Meyers Swartling P.S.
> 1000 Second Avenue, 30th Floor | Seattle, WA  98104
> Direct: 206.812.7468 | Reception: 206.382.1000
> dfindley at millsmeyers.com <mailto:dhowenstine at millsmeyers.com> | www.millsmeyers.com <http://www.millsmeyers.com/>
>  
> This e-mail is intended to be private.  It may contain privileged or confidential information.  If you are not a person for whom the e-mail was intended, please notify me immediately and then permanently delete the e-mail, including any attachments, without copying or forwarding it.
>  
> On Jun 4, 2015, at 8:32 AM, Jacob Menashe <jacob at hickmanmenashe.com <mailto:jacob at hickmanmenashe.com>> wrote:
>  
> Can a non-citizen, non-resident, serve as a guardian? And what if parents want their children to end up with the non-citizen, non-resident (i.e., out of the country?) Would you appoint a US guardian but say in the will that the wish is the children reside with the non-citizen, non-resident, perhaps under a guardianship in that country. All thoughts and perspectives appreciated!
>  
> Sincerely, 
>  
> Jacob Menashe
>  
> _________________________
> Jacob H. Menashe
> Hickman Menashe, PS
> 4211 Alderwood Mall Blvd., Suite 202
> Lynnwood, WA 98036
> (425) 744-5658 phone
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