ABA Family Legal Guide

The Rights of Older Americans

A Right to Control Your Own Affairs

Guardianship

If I need a guardian, may I specify whom I want and do not want to play this role?

Yes. The court will give due weight to your preference, and in some states must follow your preference unless there is good cause not to do so. You should nominate a guardian as part of your general planning for incapacity. Because sometimes even the best plans for incapacity fail (for example, if your agent under your durable power of attorney dies after you become incapacitated), it is a good idea to name in your planning documents one or two people whom you want as your guardian if that becomes necessary.