An article by David Disraeli. A guardian is a person who is responsible for another person. Guardians are required when a person is legally incompetent or a minor with no parents. A will a perfect place to state who you would like to be the guardian of your children. The guardian does not have to be the same person as the trustee although they may be the same person.
Why You Must have a Guardian Named in a Will
If for some reason you or a loved one becomes incapacitated or if you leave minor children at death – you must have made provisions for a guardian. For an adult this is done through a power or attorney and for a child it is done through a will. However if for some reason a guardian is not named for an adult (you for example) or a child, the state will have to choose one. This is a miserable process, expensive and you may not wind up with the guardian of your choice.
What Happens if you Don’t Name a Guardian
Suppose you have minor children and die, or have a family is ill and has no power of attorney. Under both circumstances, a guardian must be appointed to manage the affairs of the child or another relative. If no guardian is named, you and an attorney must petition the court to have a guardian appointed. If no one contests your choice, the process may be nice and easy, otherwise it could turn into a nightmare.
For more information contact David Disraeli at 512-464-1110