Who Will Make Decisions Like I Would Over My Minor Children?
So you die suddenly! Who will care for your minor child(ren)? Your parents? Your siblings? Your college or best friends? When there is no nomination for the court to consider, the court will make that decision based on statutory preferences. However, those "legal" preferences may not conform with your wishes or preferences (if you were alive to state out loud your wishes). Inevitably, this is where the internal family battle begins; your often spoken desires were not memorialized in an estate plan document (which could speak for you after your death) and the person the law prefers IS NOT who you would choose to care and take authority over your child(ren) or their assets acquired due to your death.
Guardianship is the court procedure and the State's remedy for establishing legal responsibility for a juvenile's person (body) and his or her estate. The estate can consist of any money or property bequeathed, distributed or owned by the minor, but which the minor is not lawfully entitled to hold in his or her name until the age of majority. My office represents persons seeking appointment as a guardian, objecting to an appointment of a guardian and/or in need of a Guardian ad litem, for authority to handle the legal affairs of a minor.