Declaration of Will Document

The parent of a minor (under 18) or a guardian for a relative may note the identity of the person to be appointed as guardian to his/her child or relative in a Declaration of Will Document. Such a document shall be needed in the event that he/she is unable to care for his/her child or relative (for whom he/she is a guardian) and make decisions in his/her regard.

A Declaration of Will Document relates to events while a person is still alive, whereas a will (in which a person may note the same), relates to events after a person’s demise. A declaration of Will Document is relevant, for example, when a person is no longer competent due to mental illness and/or an accident.

This document is especially important for a single parent seeing that, in a family of two competent parents, where one becomes incompetent, the other remains the child’s natural guardian.