Estate Administration: On Minors and Dependent Adults

Guardian of the Person

If the deceased left minor children, and the spouse is no longer alive, the Court will appoint a guardian for the children. The guardian is the one who's granted physical custody of the kids and is reponsible for their upbringing and care until they reach the age of 18.

Nomination of Guardian by The Person Who Died

If the individual left a Last Will and Testament, check whether it is has a nomination of guardian, which is the expressed wish of the parent for who should take custody of his children, in the event that both parents die. Typically, when appointing a guardian, courts place much weight on the parent's wishes. But their wishes won't necesarily be determinative. The court may appoint a different individual if it believes that doing so would be the best for the children. 

Assets of Minors

If both parents died, their minor kids will also likely be the heirs to their properties. However, as minors, they can't manage their own assets legally. If the parents have left the propertioes to their children in a trust, the Trustee will be in charge of the management of the assets for the minors, under the Trust's terms. In the absence of a Trust, most likely the Court will establish the estate's guardianship.  The estate's guardian is responsible for the management of the minor's assets until the age of 18. 

Dependent Adults

If the individual who died had an elder parent or another dependent adult, check whether he has a living trust or a general durable power of attorney. If so, the affairs of the dependent adult must be handled by his trustee or agent. Contact the trustee or the agent, and contact the attorney of the adult, and inform them of the death of the person. If there's no trust or power of attorney, the Court may need to establish a conservatorship for the dependent adult. This is similar to guardianship, except that the one involved is an incapacitated adult, not a minor child. The conservatorship will grant the conservator authority over the physical care and financial needs of the adult. 

If you need help with this subject matter, seek reliable deceased estate administration services. Visit Estate Administration Services to learn more: https://www.estateadmin.com.au/wills-and-probate-perth-wa/.