GUARDIAN

A guardian is an adult appointed to care for a minor child and control that child's property. If the will maker has a spouse who is legally the child's mother or father, that person should be appointed as guardian in most cases. If the will maker names someone other than the child's other parent as the guardian, the court will balance the will maker's desires with the child's best interests.

If there is no will, the court will conduct a hearing to determine guardianship.