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Attorney at Law, PLLC

Criteria For Naming a Guardian in a Will

POSTED ON: May 9, 2014

One of the most important responsibilities set forth in a will is who should get guardianship of your children should anything happen to you before your kids are grown.  Knowing who to trust with such a weighty, noble task is tough. Taking your time to decide is important.

The state of North Carolina has created some guidelines that could help you filter your list of potential candidates down to a practical two or three.  According to the North Carolina Administrative Office of the Courts:

The Guardian Must:

1.     Ensure that the loyalty and duty of the guardian are to the “actual” needs of the ward (your child).
2.     Make decisions that ensure the health and well being of the ward (your child).
3.     Involve the person in all decision-making to the extent possible, consistent with the ward’s (your child’s) ability.
4.     Ensure that the need for guardianship is periodically reviewed and alternatives, including restoration to competency or limited guardianship, are considered.

In addition to the requirements of the new legal guardian for your children, the state of North Carolina also provides definitions for a few different types of guardians.

Types of Guardians

Guardian of the Estate– A guardian appointed solely for the purpose of managing the property, estate, and business affairs of a ward. [G.S. 35A-1202(9)]

Guardian of the Person- A guardian appointed solely for the purpose of performing duties relating to the care, custody, and control of a ward. The guardian of the person does not handle any of the ward’s money or property. [G.S. 35A-1202(10)]

General Guardian- A guardian of both the estate and the person. [G.S. 35A-1202(7)]

NOTE: The powers and duties of the guardian may be limited by the order of appointment.

For more help in working through the nuances of drafting a legal Will take a moment to email Attorney Sabrina Winters or call her today at (704) 843-1446.

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