a person who has been appointed by a judge to take care of a minor child or incompetent
adult (both called "ward") personally and/or manage that person's affairs. To become
a guardian of a child either the party intending to be the guardian or another family
member, a close friend or a local official responsible for a minor's welfare will
petition the court to appoint the guardian. In the case of a minor, the guardianship
remains under court supervision until the child reaches majority at 18. Naming someone
in a will as guardian of one's child in case of the death of the parent is merely
a nomination. The judge does not have to honor that request, although he/she usually
does. Sadly, often a parent must petition to become the guardian of his/her child's
"estate" if the child inherits or receives a gift of substantial assets, including
the situation in which a parent gives his/her own child an interest in real property
or stocks. Therefore, that type of gift should be avoided and a trust created instead.
While the term "guardian" may refer to someone who is appointed to care for and/or
handle the affairs of a person who is incompetent or incapable of administering
his/her affairs, this is more often called a "conservator" under a conservatorship.
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