If you die unexpectedly and have minor children, would you want the court to appoint someone to look after them? If you create a will you can determine who may care for your children. Dying without a will can lead to the court appointing an individual, company, or agency that is able to take care of your child. If you create a will and chose an adult who is authorized to manage your child’s well being, they are known as a guardian. The person you appoint has the same duties and responsibilities as a parent, such as taking your child to the doctor when necessary and seeing to their education. An estate guardian is in charge of managing the finances regarding the child’s property until they reach legal age. Oftentimes, the person who is appointed guardian of a child is also appointed as their estate guardian, as well. If you would like to ensure that your child is taken care of by a person you know and trust if you pass away, contact Elizabeth A. Burick Co. L.P.A.
A guardian may also be appointed to a person who is mentally unable to care for themselves and their estate. Family members may ask the probate court to appoint someone for a disabled person in order to manage their legal and financial affairs, along with providing personal care for that person. If the court deems the person as being incompetent, they will appoint an appropriate guardian. The guardian is accountable to the probate court and must follow all rules and regulations that the judge ordered. Along with estate and person guardianship, there is emergency guardianship, which happens when a person is appointed to a person in the state of an emergency. The guardian might be appointed in order to prevent injury to a person or estate of an incompetent person. An interim guardianship is appointed after a previous guardian has been removed or quits. A limited guardianship is when the probate court appoints someone to protect only a certain aspect of a person’s life.
Having someone you trust to look after your minor or incompetent child after you die is extremely important. As a mother, I know how important it is to appoint a person who you trust with your own life to care for your children if you passed away unexpectedly. Do not let the court appoint a guardian for your children. Contact me as soon as possible in order for me to help you construct a valid will and estate plan.