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All minor children are subject to either parental responsibility or guardianship. Parental responsibility is exercised by the child's parents. Guardianship is exercised by someone who is not one of the child's parents.
The Probate Code dictates and prioritizes persons who are eligible to become guardians. The ward's spouse is entitled to be the guardian before any other individual. If there is no spouse or if the spouse declines or is unable to serve, then the next of kin is the next eligible individual to serve as guardian.
It is therefore prudent to ensure that you nominate a second choice of guardian, in the event that the primary guardian/s are no longer able to take care of your children. After carefully selecting the primary and secondary Guardians for your children, it is important to make this known in your Will.
A guardian is someone who has been legally appointed to take charge of the affairs of another person, for example a child or someone who is mentally ill. Destiny's legal guardian was her grandmother. The guardian of something is someone who defends and protects it.
A guardian is a person who is appointed to look after another person or his property. He or she assumes the care and protection of the person for whom he/she is appointed the guardian. The guardian takes all legal decisions on behalf of the person and the property of the ward.