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Guardian

A guardian is someone who is appointed, usually by the court system but possibly through a will, to oversee the financial dealings for a minor. A guardian can also be appointed to oversee property and finances for an incapacitated adult. Guardians can be designated prior to death and inclusions for incapacitation of the testator can be included in medical directives. Doing this prevents the court system from stepping in and assigning a guardian. Guardianship of minors is important to include in estate planning to prevent them from becoming wards of the state and possibly being split up. Guardians have a legal obligation to protect their wards assets and financial interests up until the time they are able to handle them on their own.

Fast Facts

  • Guardians do not have to be biologically related to the minor they are going to oversee.
  • Parents should consult the person they are considering to be their child's guardian to insure that the person is willing to be a guardian in the event of their death.

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