Instructions for Testamentatary or Written Instrument Appointment of A Guardian for Minor

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The Court may appoint a Guardian for a Minor, if the Court finds the appointment would be in the best interest
of the Minor and one of these four statements applies:
1. The parents consent to the appointment.
2. The parents’ parental rights have been terminated by a court order.
3. The parents are unwilling or unable to exercise their parental rights. For example, the parents are
deceased or they have abandoned the child.
4. Guardianship of a child has previously been granted to a third party and the third party has subsequently
died or become incapacitated and the guardian has not made an appointment of a guardian either by will
or written instrument.

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Description

The Court may appoint a Guardian for a Minor, if the Court finds the appointment would be in the best interest
of the Minor and one of these four statements applies:
1. The parents consent to the appointment.
2. The parents’ parental rights have been terminated by a court order.
3. The parents are unwilling or unable to exercise their parental rights. For example, the parents are
deceased or they have abandoned the child.
4. Guardianship of a child has previously been granted to a third party and the third party has subsequently
died or become incapacitated and the guardian has not made an appointment of a guardian either by will
or written instrument.

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