What is the role of a guardian?
A guardian is an adult who is given the care of a minor child. A primary and secondary guardian may be named in the Will and instructions for the guardian’s care of the minor child and details regarding access to any testamentary trust for minor children may be included. You may also wish to create co-guardians. See North Carolina General Statutes 35A for general information about guardianships. In general, a guardian has the authority to make decisions regarding the following:
- The health, care and well-being of the child,
- Where the child will live based on the needs and resources available,
- Arranging for the child’s education,
- Caring for the property of the child in a reasonable manner,
- Providing consent for medical care, dental care, legal matters, and any other services that the child as a minor is unable to handle on their own, and
- Engaging in any legal protection that might be needed for the child.
Most parents are also concerned that the guardian will have similar parenting philosophies and that the guardian will also provide emotional support and love to their child. Download the How to Choose a Guardian Checklist for more considerations in making this decision.
