You may have always assumed that by the time you sadly pass on, your children will be grown adults with family units of their own. However, you cannot always assume, especially when it comes to planning for your future. And while we understand it may be unpleasant to think about, you must consider who you wish to take over as your child’s primary caretaker should you no longer be around to fulfill this duty yourself. With that being said, please read on to discover how a court approves a legal guardian for a minor child and how a seasoned Broward County guardianship lawyer at The Probate Lawyers can help you maintain control over this appointment.
What is a legal guardian, and what responsibilities do they have?
By definition, a legal guardian is an adult individual who is appointed to take care of a child under the age of 18 in the event of their parents’ deaths or mental incapacities. With that, caring for a minor child entails providing personal care and basic needs like food, clothing, and shelter, all while making day-to-day decisions about their healthcare and education. At the same time, a guardian may also be charged with managing a child’s finances, whether they received an inheritance or trust fund from their deceased parents or otherwise. Oftentimes, a legal guardian and financial guardian may be two separate individuals. Or, there may not be a financial guardian if there is already an appointed trustee.
How does a court approve a legal guardian for a minor child?
Please note that you can exercise control over who should fulfill the responsibilities as your minor child’s legal guardian in your Last Will and Testament document. Then, at the time of your unfortunate passing, the named executor of your will may submit this legal document to the Florida probate court. From here, the court will review your guardianship designation and confirm whether it works in your child’s best interest. This is to say that the court may exercise control and deny your instructions if it finds an issue with them, such as if your guardian expresses disinterest in the role, your guardian seems unfit for the role, etc.
If this occurs, the court may appoint your successor guardian instead. And if no successor guardian is explicitly named in your will document, they may nominate a close relative who is agreeable to it. Or, they may hear the case of any individual who volunteers for it. Of course, you do not want to create greater confusion for your minor child over who is supposed to support them during this especially difficult time. And you do not want to cause disputes amongst your loved ones over who is supposed to handle your child’s care, when this is a time they should console one another in grief. For these reasons, you must ensure your guardianship designation is clear and more than likely get approved by the court in the first place.
If you are still hesitant about taking the monumental step of starting your estate plan, consult with a competent Broward County guardianship lawyer from The Probate Lawyers to get the assurance and confidence you need to proceed. From here on out, we will be with you every step of the way.
