When do you need a guardian for a minor?
The biological or adoptive parents are the natural guardians of the child and in general can act for the child.
However, the Court must appoint a guardian in the following circumstances:
- Where the parents die
- Where both parents are absent or incapacitated
- Where the child receives the proceeds of a lawsuit exceeding $15,000
Can either parent designate the guardian?
Both parents or the surviving parent may prepare and file with the Court a written declaration naming a pre-need guardian. A guardian may also be designated in a Will in which the child is a beneficiary.
Planning is key here. If you do not designate a guardian for your child and there are more than one family members who want to act as guardian, you are leaving room for a court battle, not unlike a custody case. Call our office now for a consultation on naming pre-need guardians.
