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Guardianship (and Nomination of Guardian)
Legal/Rights§ 01 — Definition
Guardianship is the court process that gives an adult legal authority over a minor child when the parents die or become incapacitated. It comes in two forms that courts treat separately: guardianship of the PERSON, covering where the child lives and their medical, educational, and daily decisions, and guardianship of the ESTATE, covering the child's money. Guardianship of the estate is typically required once a minor owns or inherits more than a few thousand dollars in their own name, and it brings an initial accounting, annual accountings and status reports, court hearings, bond or blocked accounts, and attorney fees — usually paid out of the child's own assets — until the child turns 18. Only parents can sign a nomination of guardian; grandparents and other relatives have no equivalent legal right. Without a nomination on file, multiple relatives can petition, a court decides among them, and the state holds legal custody in the interim.
§ 02 — Why it matters for benefits
A nomination of guardian is inexpensive, takes one meeting, and removes the single worst scenario a family faces: a child with autism losing their parents and then losing their routine, therapies, diet, and school placement while a court sorts out custody. Naming a guardian of the ESTATE as well, and funding the special needs trust instead of the child, avoids the annual accounting machinery entirely.
