How Do I Know Who Is Responsible for My Loved One’s Minor Children or Adult Dependents?

Minor Children

If your loved one died and has minor children, typically they will go to the other natural parent, if they are alive. This may not be the case if the other parent has had custody infractions such as severe drug or alcohol addiction or neglect, if they are incarcerated, or if they are otherwise unwilling or unable to care for the children. If there is no other surviving parent, the courts will turn to the loved one’s estate plan, will or other written documentation detailing who they wanted to serve as guardian for their minor children. In certain instances, if there is a surviving parent but your loved one has named another guardian in their will — along with information detailing why the other parent is unsuitable — these may be taken into consideration but could still be overruled by a court. 

In the case there is no written directive about guardianship, the children will become wards of the court and a judge will make a decision about their care according to their best interest. The appointed guardian will generally be a member of the family, though close friends may apply for guardianship. Also, in many states, children aged 14 or older have input as to who will become their guardian.

Adult Dependents

When a loved one dies and leaves adult dependents behind, firstly, courts will look to any will or trust to determine whether the loved one named a guardian. The court will ensure the guardian named is suitable before legally appointing them. 

If there is no trust, will or other written information detailing your loved one’s wishes for the dependent adult in their care, the adult will become a ward of the state. This means the court will designate a guardian or conservator who will be responsible for coordinating their needs. This may mean that the dependent adult goes to live in a care facility — the court-appointed guardian remains in charge of the care arrangements, which are typically reviewed by the court every one to two years. The guardianship will remain in place either until the dependent adult dies or the guardian does, in which case the court will appoint another.

Sources

“What happens to your minor children if you die?” Tseng Law Firm. https://tsenglawfirm.com/what-happens-to-your-minor-children-if-you-die/

“Naming a guardian for your child after divorce.” Modern Law. https://mymodernlaw.com/naming-a-guardian-for-your-child/

“What happens to disabled adults with no family?” Helpers Community. https://helperssf.org/what-happens-to-disabled-adults-with-no-family/

“Why Some Adults with Developmental Disabilities Become Wards of the State”. NextAvenue. https://www.nextavenue.org/adults-with-disabilities-ward-of-state/