My children's guardian in event of my death

[seniorjudge]

"If, by his will appointing a guardian, the testator orders or requests that a bond shall not be required, it may be dispensed with, unless the probate court judges that from a change in the circumstances of the guardian or from other cause the estate of the ward will be insecure. "

If a person writes a will and appoints a guardian and, in the will, asks the court that the guardian not be required to post a performance bond, the court may allow that. If the court finds that there is a change of circumstances of the guardian or for any other reason the court doesn't think the guardian will not do the job, then the court will require a performance bond.


Or, even simpler:

The court makes the final decision whether a bond will be required.


If you still need further clarification, post back.

 

[VTmom]

Thanks so much for your response.
I guess I don't understand what a 'performance bond' is??

 

[seniorjudge]

Thanks so much for your response.
I guess I don't understand what a 'performance bond' is??

It's similar to insurance.

If the guardian does everything okay, then the bonding company pays nothing.

If (for example) the guardian steals the dough, then the bonding company pays.

 

[anteater]

seniorjudge Quote:
Originally Posted by anteater
...And minors over 14 can choose their guardian, subject to the court's approval...

Exactly! I agree one hundred percent. But it does not change my first answer.

Yeah, I bet that knocks Britney Spears off the short list of potential guardians!

But a serious question... I'm not very familiar with guardianship statutes. Do many states have an explicit statute permitting appointment by will?

 

[TrustUser]

i know in california there is a separate document called appointment of guardian, or such.

it is often separated from the will, because it talks about just one specific topic.

it typically describes who each parent wants to take care of each kid, should the other parent not be available, and then may mention substitutes, if the original is not available any more.

and then they may actually give reasons for their choices, so that if it ever comes to court, the judge can have a better insight as to the reasoning of the parent.

 

[Texas Pooh]

Ant ...

Texas allows the parents to appoint guardians if both parents die, as well, and it is frequently done even where both parents are still alive to make sure kids don't end up with a "unsuitable" relative. Even a friend of the family can be appointed over a relative.