Estate Planning – Part 6 – Guardianship Appointment

When going through the estate planning process, an important aspect is appointing a guardian for your minor children. A guardian may be needed for your children should you die or lose capacity. The appointment of guardianship is accomplished by a document that is outside the Will because it could be needed before your death if you become ill.

Any person under the age of 19 in Nova Scotia is considered a minor. If you are a parent it is important to turn your mind to who you would like your child to be cared for if you become incapable of caring for them. This is a crucial part of the estate planning process.
A guardianship appointment is taken as strong evidence of your wishes should it be needed; however a court can override your decision if the appointed person is not an appropriate guardian. The document demonstrates your wish if you are not available to express it. The suitability of an appointed guardian is your choice to make. Consider appointing an alternate in case the first named guardian is unable to take on the role.

Take your time to choose wisely, and do not hesitate to make changes as needed from time to time.

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