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Estate Planning Newsletter

  • Durable Powers of Attorney
    If you become incapacitated, who is supposed to make decisions for you about the management of your property or your health care? A durable power of attorney allows someone you designate to act on your behalf. It is usually included as... Read more.
  • The Effect of Inheritance on Child Support Payments
    The federal Child Support Enforcement Act of 1984 requires each state to develop its own set of systematic guidelines for calculating awards of child support. Generally, state child support guidelines are based on the parents’... Read more.
  • Estate Tax Changes Bring Calm After the Storm
    Much to the relief of many, the American Taxpayer Relief Act of 2012 (“2012 Tax Act”) was enacted in the beginning of 2013, making permanent many of the tax benefits that were scheduled to expire at the end of 2012. The... Read more.
  • Special Use Valuation for Certain Estate Properties
    Calculation of the Value of Estate Assets Estate taxes are calculated based upon the value of the assets in the estate. One duty of the executor or administrator is to inventory all estate assets and assign a... Read more.
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Guardianships

In certain cases, a minor may need to be assigned a legal guardian either because a parent is not able to care for the minor, or because the existing guardian is not competent. When a guardian is appointed, he/she will have the same custodial rights as the minor's parent.

Guardians are appointed by a court, upon application or nomination and approval, or the court may select and appoint an appropriate guardian at its discretion.

Types of Guardians

Guardian of the person:

  • Provides or arranges for the minor's residence
  • Arranges for medical treatment for the minor

Guardian of the estate:

  • Manages the minor's property
  • Invests the minor's money
  • Provides financial support and educational opportunities to the minor

Guardian of the person and estate

  • Has the combined powers of the above 2 types of guardians (custody and management of property)

Guardian of specific property:

  • Cares for certain item(s) of property belonging to the minor

Guardian ad Litem:

  • Appointed for limited, short-term purpose of prosecuting or defending a legal proceeding on behalf of the minor

Guardianship Not Permitted

  • A minor cannot have a guardian if he/she is married or has been married
  • If the minor has been married but cannot care for himself/herself, a conservator may be appointed

Termination

A guardianship will end upon the occurrence of one of the following:

  • The minor dies
  • The minor becomes 18 years old
  • The guardian dies
  • Resignation or removal of the guardian
  • A court order terminating the guardianship
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