Guardianship for Minors
WHEN DO YOU NEED A GUARDIAN FOR A MINOR?
The biological or adoptive parents are the natural guardians of the child and in general can act for the child.
However, the Court must appoint a guardian in the following circumstances:
Where the parents die
Where the parents are incapacitated
Where the child receives the proceeds of a lawsuit exceeding $15,000.
Can the parents plan for guardianship?
Both parents or the surviving parent may prepare and file with the Court a written declaration naming a pre-need guardian. A guardian may also be designated in a Will in which the child is a beneficiary.