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What are guardianship papers3/20/2024 In addition, an adult, while competent, may nominate a guardian to serve in the event of incapacity. However, a minor over 14, or the parents by will, may suggest a guardian for a minor. Who chooses the guardian? The Court appoints the guardian. If the settlement exceeds $25,000, the court will require the appointment of a guardian of estate. The Probate Court must authorize approval of such settlements. Minor Settlement: Natural parents do not have an inherent right to settle personal injury claims on behalf of a minor child. Minor: Any person under 18 years of age who has neither father nor mother or whose parents are unsuitable to have custody and tuition of such minor, or whose interests, in the opinion of the Court, will be promoted. Incompetent: Any person who is so mentally impaired as a result of a mental or physical illness or disability, or mental retardation, or as a result of chronic substance abuse, that he is incapable of taking proper care of himself or his property or fails to provide for his family or other persons for whom he is charged by law to provide, or any person confined to a penal institution within this state.
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