| 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 guardian.
My office will send you, free of charge, information on who the law
allows to be a guardian.
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 about it.
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 old one.
The Declaration of Guardian, and other vital legal documents, are
available through our Legal Documents Page. |