10 Questions to Help You Choose a Guardian

A guardian has the authority to organize your affairs if you cannot do so yourself. You may want to select a guardian even if there is no current concern, because it will be impossible to choose if you are incapacitated. To that end, Find Law shares ten questions to help you select the right guardian.

1. Do you trust the candidate? They could be responsible for your wellbeing, so consider how you have seen them behave.

2. Has the potential guardian been convicted of a felony? In the majority of states, this would disbar them from guardianship.

3. Are the candidate's affairs well-managed? If they are behind on bills or treating people unfairly, then these may be signs to choose someone else.

4. Does the candidate's skillset match the role? Guardians manage your assets and personal affairs, so someone with financial experience may be preferred.

5. Does the candidate have significant responsibilities? Being a guardian takes substantial amounts of time and effort, so avoid any candidates who are already busy.

6. Is the potential guardian healthy? The candidate will not be able to decide on your behalf if they are also incapacitated, so choose someone in good health.

7. Is substance abuse a concern? If the candidate has a history of substance abuse, then consider if you can entrust your affairs to them.

8. How are the candidate's interpersonal skills? To make the best decisions for you, a guardian will have to cooperate with others. 

9. If choosing for someone else, did the ward express any preferences? Try to remember if the ward wanted a specific person to manage their affairs.

10. What is your relationship to the candidate? Courts tend to favor appointing guardianship for candidates who have deep connections to the ward.

These thought-provoking questions from Find Law will help you find the right candidate. While it can be daunting, selecting a guardian is a crucial part of estate planning. Ask yourself these questions to help make a sound decision.

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What questions would you encourage people to ask when choosing an executor? Share in the comments!