When should a last will and testament nominate a guardian and what role does a guardian play with respect to minor children?
A Guardian is the person who is responsible for the health, education and welfare of minor children. Technically there is a Guardian of the Person and a Guardian of the Estate of minor children (usually the same person serves in both roles). The Guardian of the Person has responsibility for decisions regarding the health, education and welfare of the minor child, and the guardian of the Estate is responsible for the child’s property and for handling all financial matters for the minor child. When one parent dies, generally the other parent is appointed as the Guardian for minor children, whether or not the parents were married at the time. If someone besides the other parent of a minor child is nominated as Guardian, the other parent can contest the nomination. It is then necessary for the court to determine that the appointment of the other parent as the guardian would be detrimental to the best interests of the minor child (which is a very heavy burden of proof to establish). In the
