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Estate Planning Guide |
Other people involved: |
| Guardians
In this section: A Guardian is the individual selected to have care and custody of minor children where both parents die before the children become adults. Normally referred to as the "Personal Guardian" or "Guardian of the person," the BuildaWill Program allows you to name a person to serve as a Personal Guardian to your children. The BuildaWill Program further allows you to name an alternate Personal Guardian in case the first choice is unable to act in this capacity. What to consider when selecting a Guardian The following matters should be considered when selecting a Personal Guardian: (i) select an individual who is at least 19 years of age; (i) make sure that the individual selected is ready, willing and able to handle the responsibility on your behalf. Who you choose is subject to court approval The person named as the Personal Guardian of your children in your Will does not actually become the legal guardian until approved by a court following your death. A judge has authority to name someone other than the person selected in your Will as the Personal Guardian if the judge is convinced it is in the best interests of the child. In practice where no one contests your choice for your child's Personal Guardian, that person is normally confirmed as the Personal Guardian for your children.
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