What About a Guardian for our Minor Child?

I presented a seminar at the Orem Public Library last night. The topic was wills, trusts, and other documents that make up a good estate plan. It was
not well attended, but the couple that did show up were interested in hearing what I had to say, so I was off and running with the presentation I had prepared.

I did a decent job. I say decent because I had worked through the presentation a number of times in my mind, and it went sooo much better there. In other words, my tongue got time one or more times. But all in all, I think it went well. I presented, they asked good questions, and I answered them. Then I presented some more. Finally, we arrived at the end, and I asked once more, “Any questions?”

And they asked the question that was really on their minds: “How do we appoint a guardian for their 2-year old son in case we both die?”

I was embarrassed that I hadn’t asked them at the beginning of the presentation, “What questions do you hope to get answered tonight?” I won’t make that mistake again.

That said, I think I answered their question satisfactorily. The next morning I followed up by e-mailing them a link to Utah Court’s website that discusses guardianship in detail, and I attached a good questionnaire they could use to assess who might work best as a guardian for their child.

In case you’re wondering, here’s the link to the Court’s site. If you’d like to have a copy of the questionnaire, e-mail me, and I’ll send you one.

For those wondering how to establish a guardianship for a minor, here’s what the Utah Court’s site says:

There are several ways to establish guardianship of a minor under Utah law. These include:

  • Acceptance by the guardian of a testamentary appointment. The child’s parents can nominate a guardian in their will or other written document. The guardian must submit written acceptance with the probate court and provide notice to interested persons according to law.
  • Appointment by a local school board.
  • Appointment of a guardian in a child welfare proceeding in juvenile court.
  • District court appointment. This is the most common court proceeding to obtain a guardianship of a minor. The laws governing guardians of minors in the district court are Utah Code sections 75-5-201 through 212.

 

Estate Planning Seminar at Pleasant Grove Library

I’ll be presenting a seminar on DIY — Do It Yourself — Estate Planning at the Pleasant Grove Library on Wednesday, March 8, 2017 at 7 PM. Come an enjoy the discussion. The address is 30 E Center St, Pleasant Grove.

If you have a question about wills, trusts, and other aspects of estate planning, maybe I can answer it.

Guardians 101

Slide1A guardian is a person appointed by another person or a court to care for another person or their property. That other person will be either a minor or a legally incompetent adult and is referred to as the “ward.” Guardians of the ward’s person are always called guardians. Sometimes guardians of the estate or property are referred to as conservators. In either case, they are fiduciaries; that is, they must act with special care towards the ward or their property.

If you have minor children or have responsibility for an incapacitated adult, you should consider making provision in your will for a guardian. But take care to choose someone with the ability and wherewithal to do the job. Fail to do that, and you may find the court re-doing what you didn’t do properly.

The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise. This website is an advertisement.