Minnesota residents who are interested in estate planning may wish to know more about the role of a guardian. This type of position can be extremely important in many estate planning situations.
A guardian is a person who is appointed to take action on behalf of someone who cannot take those actions themselves. The guardian could be acting for someone who is incapacitated due to a medical condition or disability. A guardian could also be appointed to care for a minor who has no parent or other adult family member. The person who is being helped by the guardian is known as a “ward.” A guardian is often tasked with such jobs as purchasing necessities for the ward, managing financial affairs, making medical decisions or ensuring an adequate education.
Guardians are generally either appointed by a court or named in a legal document such as a will. A preferred candidate for guardianship is usually someone who has a pre-existing relationship with the prospective ward, such as a parent, child or someone who is chosen by the ward prior to becoming incapacitated. The guardian must show a willingness to perform the duties that come with the guardianship, as required by state statutes. A guardian who is deemed to be no longer needed can be removed by the court. Additionally, a guardian who is not doing an adequate job as guardian or has neglected the ward may be removed from the position as well.
When a person is incapacitated and cannot handle his or her affairs, a guardian can be extremely valuable as a personal representative. An attorney with experience in estate planning can prepare the necessary documents to establish a guardianship for a client.
Source: Findlaw, “Guardianship Basics“, September 04, 2014