Guardianship

HOW DO YOU APPOINT A GUARDIAN FOR A MINOR CHILD?

If the deceased left orphaned minor children, the probate court will need to appoint a Guardian to manage their personal care and their property.

Before you begin reading about the guardianship process, read the section titled “Minor Children.” This section provides basic information about naming guardians and giving the guardian the legal authority to manage money on behalf of a minor child or take personal daily care of a minor child.

Q.   Who files the papers to appoint the Guardian?

The person nominated to serve as the guardian can request a guardianship.  This person will need to file the necessary paperwork in the orphaned child’s county of residence.

Q.   How would the estate representative know who the guardian is?

A.   The decedent may have nominated a Guardian in his or her Will.   In many states, parent may nominate a guardian in any written document, and have the document signed by at least two witnesses.

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