What is a guardianship nomination document?

A guardianship nomination document sets out how you would like your minor children to be cared for if you and their other parent passes away. You’re able to specify the person(s) you’d like the court to appoint as your children’s legal guardian(s), and leave any instructions for their care. Because minor children are unable to manage most types of property (e.g., real estate, significant sums of cash, stocks, bonds, insurance benefits, retirement plan proceeds, etc.), you’ll also be able to designate a guardian to help manage the minor’s property until he/she comes of age.

Note: The guardianship nomination document comes into play only after both you and the other parent are deceased or incapacitated. Your preferred person must still be approved by the court and that person must follow state law requirements when acting for your children. Though the court has the ultimate discretion in deciding whom to appoint as guardian of your children (by considering factors, such as what is in the child’s best interests), your nominations are given considerable weight during the process.

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