When parents are unable or unwilling to care for their children who are under 18 years of age because of the parent’s death, illness, incarceration or other reason, a guardian can be appointed by the Court to take custody of the children and act in their best interest.
A guardian is a person of your choice who is appointed to take custody of your children should you become incompetent and unable to do so OR die. In your Estate Plan you can nominate a guardian for your children and give instructions on how you want your children raised and how your Estate should be used for their benefit. Quite often the guardian you nominate will be a relative or close friend who you know and trust to take care of your children the way you would want them taken care of.
The guardian will need to petition the Court for Letters of Guardianship to allow them to make decisions for your child’s medical, educational, and financial needs.