Guardianship for Minor Children
If both parents die or become incapacitated, the court appoints a guardian for their minor children. If the parents named a guardian in their will, the court gives strong weight to that choice. Without a will naming a guardian, the court decides on its own. That decision may not match what the parents wanted.
Guardianship for Adults
An adult guardianship may be needed when someone is incapacitated and has no medical power of attorney. The guardian can make healthcare and personal care decisions. Financial decisions fall under a conservatorship instead.
How to Minimize the Need for Court-Appointed Guardianship
- Name a guardian for minor children in your will
- Execute a medical power of attorney naming a healthcare agent
- Create a healthcare directive stating your treatment wishes
These documents give your chosen people the authority to act. They reduce or remove the need for court involvement.