US Minor/guardianship laws for minors whose parent just died

In Georgia the minor can apply to Juvenile court for emancipation. The process is (for values of "family court") fairly simple. In the case of a minor close to 18, with some means of support, and without a criminal history, it would likely be granted without trouble.

An overview of Georgia's procedure: http://www.georgialegalaid.org/resource/emancipation-of-minors?ref=7eJpu

I agree with Dave.

Also, I'm thinking a seventeen year old could probably just stay in the house for those couple of months and it wouldn't be an issue. After all, plenty of seventeen year olds have already graduated from high school so it's not like the authorities would necessarily even be told. I left home for a few months at seventeen even with a year of high school to go and the state didn't get involved, because no one reported it. In order for the state to get involved, someone would have to report it to them first.

Dave Williams said:

In Georgia the minor can apply to Juvenile court for emancipation. The process is (for values of "family court") fairly simple. In the case of a minor close to 18, with some means of support, and without a criminal history, it would likely be granted without trouble.

An overview of Georgia's procedure: http://www.georgialegalaid.org/resource/emancipation-of-minors?ref=7eJpu

Click to expand...

That is a very good info. Emancipation can add a whole new element to your plot of you are wanting to go in that direction. Might be interesting.

This may not be relevant to USA law, but I'd find it weird if the following isn't possible in the USA... when I was a kid, my parents had it written in their wills that my mum's sister and her husband would become the legal guardian of me and my brother if they died before we were old enough to look after ourselves. So, if such a thing is allowable under USA law, and you want the parents' friends to become the guardians of your characters, then could you make it that they put in their will that the parents' friends would be their guardians? Also, you wouldn't have the issue of the kids having to persuade the friends to be their guardians as if they were mentioned in the will, they'd have already agreed to it years ago.

Also, if the family is religious, maybe the parents' friends are their godparents, so wouldn't they become their guardians if the parents die? I'm not from a religious family and don't have godparents, so I don't know if the thing of godparents becoming the guardians is automatic or if the parents have to state it in their wills. Obviously if any of this is a thing in the USA you'd have to check up on the local laws regarding this.

In the US, I believe it needs to be set up under a separate guardianship document, which spells out exactly who the guardian(s) is/are, any financial stipulations, etc., since the laws vary state to state. There are many different situations that a guardianship would cover: a minor whose parents are deceased, a person who is incapacitated and/or otherwise unable to make decisions on their healthcare and finances, etc. Then the document has to spell out specifically what's being covered: is it simply for healthcare decisions or does it only cover financial? For the sake of argument in this case, I would think the parents would have a guardianship along with their will Just In Case. (As usual, IANAL, YMMV, only going by the powers of attorney documents I see at work as part of financial transactions.)

I think 'godparents' is a ceremonial position, and for them to become guardians, you'd have to have legal documents: a will or guardianship papers.
* also, I'd bet that a lot of godparents would be astonished to see teenagers turn up on their doorsteps, needing care.

In the U.S., the legal term is age of majority; it will vary by state (see link).

https://minors.uslegal.com/age-of-majority/

I addition to age of majority, the court will consider close relatives or even friends of the family, statements in wills, guardianship documents and the wants/needs of the child. And it really depends on both the state and the jurisdiction. Small rural town versus big inner city can change a lot in the eyes of a court order.

What is really needed as the outcome for your story?

Jeff