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There may be an unnecessary infringement of the alleged incapacitated person's privacy, freedom and loss of decision-making authority. The appointed guardian may over time become overly protective, dominating and arbitrary.
Guardians are legal representatives appointed by a court to take care of individuals who are unable to take care of themselves. The person for whom a guardian is appointed is referred to as the ward.
If you're the parent of a minor child, then nominating a legal guardian for them is one of the most important decisions you can make when you create a will. A legal guardian, also called a personal or custodial guardian, is someone who has the legal authority and responsibility to care for a minor.
An executor is responsible for carrying out the wishes of the deceased individual as they are written in the will. Once this is complete, they are free of their obligation. A guardian has more long-term responsibility. They are responsible for caring for any children of the deceased under the age of 18.
Parental responsibility is exercised by the child's parents. Guardianship is exercised by someone who is not one of the child's parents. It is up to the person or persons with parental responsibility, or the guardian, to make decisions about the child's care and upbringing and to administer the child's property.