How do I appoint a guardian for a minor in an estate plan?
In Virginia, appointing a guardian for a minor in an estate plan is an important decision to make. Generally, in order to appoint a guardian for a minor in an estate plan, the parent or parents must first create a trust in their written estate plan, which will be used to manage the minor’s inheritance in the event of the parent or parents no longer being alive or incapacitated. After the trust is in place, the parent or parents must then appoint a guardian. This guardian will be legally responsible for the minor’s assets within the trust. To do this, the parent or parents must identify and select a suitable guardian for their minor, who will be responsible for the minor’s welfare and management of the minor’s estate. It is important to consider all of the responsibilities that the guardian will assume. The parent or parents must then execute a written guardianship document, which is a legal document that formally appoints the chosen guardian. The document must contain the name and address of both the minor and the guardian, as well as the signature of the parent or parents selecting the guardian. Once the document is signed by the parent or parents and the guardian, it should be individually notarized and filed with the appropriate local court. Once the court has accepted the guardianship documents, the guardian will have the legal authority to manage the minor’s assets within the trust in accordance with the wishes of the parent or parents.
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