While you are healthy, you may choose someone to become your Guardian
should you ever need a Guardian in the future.
This gives you control over your own future guardianship.
A "Declaration of Guardian" may be made by a competent adult. It must
be written, signed, and witnessed by two
people. The person chosen as Guardian cannot witness. The Declaration
must be notarized.
You may also "disqualify" any person from ever being your guardian
under any circumstances. This protects you
from people you may want to avoid, like former spouses. If you name your
spouse as Guardian but later get divorced, he
or she is automatically disqualified.
The Declaration must have a "self-proving affidavit" to allow a Judge
to accept your choices. The affidavit is proof
that you were competent at the time you signed the Declaration and that
the Guardian will act in your "best interest".
Some people are disqualified by state law from acting as your
more on disqualification by clicking here.
You do not need to file the Declaration with the Court in advance;
however, the person you chose as Guardian will
need to file it when he or she goes to court to become your guardian
(when the need arises for a guardian). Keep
the original in a safe place, and let your intended Guardian know
Your Declaration should list a first choice for Guardian and several
back-ups. If the first choice is not available
when needed, the alternates will be in line to replace the first choice.
A Declaration of Guardian may be revoked by
tearing it up, or by making a new declaration that supersedes the