Q) Can I choose my own guardian?

A) Yes, while you have capacity.

Q) What happens if I do not choose my own guardian?

A) The probate court picks one for you.

Q) Will my spouse become my guardian if I become incapacitated?

A) Not necessarily. The probate court has a duty to look out for the best interest of the incapacitated individual. If a spouse is not fit for appointment, they will not be awarded the power.

Q) Can I choose a guardian for my child?

A) Yes, if the child is still under the age of 18.

Q) What happens if I do not choose a guardian for my child?

A) The probate court will choose who is best suited to be guardian for your child.

Q) Do guardians get paid for their services?

A) Yes. Guardians are entitled to "reasonable fees" and expense reimbursement.

Q) What are the downsides to guardianship?

A) Paperwork, loss of privacy, loss of control, and court intervention into your affairs.

Q) If my adult child or loved one is incapacitated, can I appoint a guardian for them?

A) No. The probate court will decide who is best suited to be the guardian of your loved one.

Q) How can I prove that I am the guardian of a particular incapacitated individual adult or minor?

A) For a small fee, the court will issue Letters of Guardianship to serve that purpose.