Happy couple signing documents


Especially important if your family includes minor children, a proper estate plan designates who will care for your children if you cannot. A guardian has responsibility for the physical care of a minor child (or, for that matter, an incapacitated adult), while the conservator manages the protected person’s financial affairs. Guardians and conservators are appointed by the Probate Court.

The Court generally looks favorably upon guardianship and conservatorship nominations, which you can include in your will. Judges, while always reserving the right (and having the duty) to act in the “best interests of the child or incapacitated adult,” usually give great deference to the wishes of parents who have planned ahead for the unexpected.

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