Gordon R. McKenzie



Couples with young children often make wills to appoint a guardian for their children. Most are surprised that the appointment of a guardian in a will only lasts for 90 days after their death.

The appointment is time limited to protect your children. While your guardian may be a paragon of parenting proficiency today, after you go, they might be facing serious problems of their own. Limiting the length of the appointment protects your children from ending up in an unhealthy environment.

Your guardian must apply to court to make the appointment permanent. The children are protected because the judge will have to be satisfied that the guardian is a good choice before extending the appointment. Someone with serious doubts about the guardian can express their concerns at this time. The process is more streamlined than a regular guardianship application, so, making the appointment in your will could save time and money.

Although the length of the appointment is limited, be careful who you choose as your children's guardian. If you make a good choice, the guardian can more cheaply and easily make the appointment permanent. Even after the court appointment, it can still be changed by a judge if it is no longer in the best interests of your child.

This article is presented as general information only and is not to be relied on as legal advice. You should contact your lawyer to see how the law applies to your circumstances before any action is taken.

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