Appointing a guardian
by David M. Israel
If the testator has or contemplates having children who
may be under eighteen years of age at the time of death,
it may be a good idea to consider appointing a guardian for
the children until they reach the age of majority. This expression
of the testator’s will is not strictly binding on the
court. As a matter of general practice, however, the court
will normally approve guardian(s) as stated in a will provided
there is not a surviving parent to challenge the appointment.
In the event that there is a surviving parent, that parent
will have automatic guardianship of the children.
The appointed guardian may be one individual or several individuals
acting as joint guardians at the same time. Also, it is always
useful to indicate an alternate guardian just in case the first
guardian chosen predeceases or is unable to act in that capacity.
To contact the author, please email disrael@smhilaw.com
The information contained in this message is general
and should not substitute for the advice and counsel of
a licensed lawyer. |
