Imagine a situation in which you cannot manage your properties and assets or handle you and your children’s physical well-being. You might have gotten into a severe car accident or afflicted with a debilitating health problem.
Whatever the reason may be, it is recommended to find an individual who can manage financial matters on your behalf, including paying bills and providing food and shelter. With a Declaration of Guardian, you can rest assured that a reliable person takes care of you and your children’s well-being and any properties and assets needing care.
The Declaration of Guardian is a legally binding document wherein a legal adult appoints another to serve as a guardian. It is most commonly used when there is a guardianship proceeding, whether it is brought by you or someone else against you.
People choose to get a Declaration of Guardian for various reasons. A person can even be healthy and decide to get this out of the way just if there is ever a need for it.
You can choose to appoint a trusted individual who will act on your behalf and make the best decisions for your finances, children, and personal well-being if you cannot do so. If you were to pass away or become incapacitated without a Declaration of Guardian, the court would be tasked with naming an individual who will take care of your children. However, in most states, you can count on the court (or the judge) to give first consideration to your parents, followed by your siblings, before other people.
Depending on your state, a Declaration of Guardian may also be known as:
Most adults can use a Declaration of Guardian. Although you might not ever need to use it, you can rest assured that a trusted guardian will be there to make decisions that are in your best interest.
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All you have to do is fill out a simple questionnaire, print, and sign. No printer? No worries. You and other parties can even sign online.
You can create a Declaration of Guardian on our website with a few clicks. For your convenience, we have made a template and guide just for this purpose.
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Both parties must sign the document in the presence of two witnesses. It is also an excellent idea to notarize the document if you want to make it even harder to challenge.
After signing the Declaration of Guardian, it is customary for both parties to each keep a copy of the document, with which either party can supply as proof if ever needed.
They serve overlapping purposes but they are not the same. The Declaration of Guardian is only in certain ways correspond to the general power of attorney. To begin with, unlike a power of attorney, a Declaration of Guardian does not go into effect as soon as it is executed. It only serves to appoint someone as a guardian for future needs, if ever. Moreover, the Declaration of Guardian takes precedence over any power of attorney, where the guardian is in charge rather than any previously appointed attorneys-in-fact.
Of course, you have to be a legal adult to serve as a guardian, which straight away excludes minors. Moreover, those believed or demonstrated to be incompetent also can be disqualified to act as a guardian.
A Declaration of Guardian does not go into effect right away. It becomes effective only if something is to happen to the appointer that renders them unable to make rational decisions for their own health, finances, or children and other minor under their custodianship.
One has to be 18 to be eligible to become a guardian. Occasionally, minors of a more advanced age can be appointed to serve as a guardian if the parents are to become debilitatingly ill mentally or physically.
The court can limit the power of a guardian. If an individual is appointed to serve as a guardian of the estate, he or she can only manage the financial matters and assets of the ward and not the person. In contrast, a guardian of the person works the other way around, without the authority to meddle with the finances of the ward.
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