Guardians Should Guard Against Claims Of Undue Influence
June 7, 2017
by: Luke Lantta
A guardian‘s job requires that the guardian be involved in the affairs of the ward. In turn, the ward likely is going to be dependent on and trust the guardian. Chances are – because Georgia sets an order of preference for persons eligible to become a guardian for a ward – the guardian also may be a close family member. Since people often like to put their family members into their wills as beneficiaries, a guardian may run into a situation where the ward names him or her as a beneficiary of the ward’s estate. While that seems all well and natural, because of the fiduciary relationship between guardian and ward, that will may get a close look by a court.
So what is a guardian to do?
Distance herself from the estate planning process.
While there is no
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