![]() ![]() However, just because a guardian is appointed in a will does not automatically mean they will invariably be appointed as the guardian. This needs to be clearly articulated in the will, and some people also list alternate guardians in case something happens to the first candidate to make them unavailable when the need for guardianship arises. However, all states require that the person making the will must also have been of sound mind and body when they made it if it is to have legal effect.Īs noted above, after the death of the mother, the probate court would look at her will to determine whom she wanted to be appointed as her child’s legal guardian. What constitutes a valid will depends on state law. Keep in mind that the will must be valid if a guardianship clause in it is to be enforced. If the mother created a will that specified who would be the child’s legal guardian, then that is the person whom the court would appoint to care for the child until the child reaches adulthood, usually at the age of 18. The child’s father may already have passed away as well. Or, the will may designate a legal guardian for a disabled adult for whom the parents cared while they were alive.įor example, the mother of a five-year-old child may die. ![]() The will can identify whom the court should appoint as the legal guardian of the minor child. The terms of the will go into effect in the event that one or both parents die. Testamentary guardianship is a guardianship created by parents in their will. ![]()
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