LAST WILL AND TESTAMENT
DEFINITIONS & INSTRUCTIONS

GUARDIAN

A "Guardian" is a person lawfully appointed by the courts and invested with the power and responsibility to take care of a person (and ussually the person's finances) who is a minor or otherwise found incapable of caring for him or herself. One may only "nominate" a guardian for his or her minor children by will. The final decision is made by the courts although they typically abide by the wishes of the parents. Furthermore, as a general rule, if one parent dies, the remaining parent takes custody of any minor children regardless of whether the deceased parent had custody prior to death. Thus, the selection of a "guardian" by will generally only applies to the situation where both parents die prior to the time that their children reach the age of majority.
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