How to Nominate a Guardian in Your Trust

Guardians for Yourself 

A guardian is someone who is appointed by the court to protect and care for the health and well-being of an incapacitated person.

To initiate the appointment of a guardian, a petition must be filed with the court and notice given to all interested persons, which includes yourself, should you become incapacitated. The petition can be filed by any person who is interested in your wellbeing. That person must prove by clear and convincing evidence that you cannot make your own healthcare decisions.

You can nominate someone to serve as your guardian in your Will.  You can also include details about why you think that person would be a good guardian for you. Keep in mind, this is a recommendation to the court. Although your nomination of a person is not a guarantee that they will be appointed, it does carry weight in the court’s decision process.

It is important to take great care in who you nominate, including any alternates, as they may have control over where you live, what health care you receive (and don’t), and your general care and comfort. Consider people who know what kind of care you want and do not want, what you most value about your life, what is important to you, your spiritual beliefs, and your preferred place of care.

Also consider whether that person will have the time or capacity to serve as your guardian. You never know what stage of life incapacity may arise or for how many years you may require the help of a guardian. Also, sometime the decisions that need to be made can be involved or difficult, like those concerning life support measures. Make sure your guardian will not be swayed by their own emotions or beliefs and will stay true to your wishes.

It may be best to have a conversation with those you are thinking of nominating to see if they would be a good fit. Bear in mind that if you tell the person that you plan to nominate them, and later change your mind, it can feel awkward to tell them you changed your mind. It can feel awkward not to tell them too, when you know they think they are nominated.

Give us a call to talk more about guardians and how to pick the right person for you.