A guardianship attorney petitions for hearing on the behalf of the person or persons seeking guardianship or conservatorship and are usually a requirement when wanted to set up a guardianship. These lawyers typically specialize in estate planning, wills, and elder law.
A court is not required to follow the provisions regarding guardianship set forth in a will. Especially if there is a biological parent who might object or other persons who might object that the named guardian would not be the best placement for the child. The guardian will ultimately need to be approved and appointed by the court in order for it to be legal. However, it is always a good idea to name a guardian in a will if there are minor children. The court may well approve a grandmother as legal guardian.
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Guardianship refers to the person or persons who are given the legal responsibility and authority to protect the rights and well-being of a person who is unable to protect him or herself. Legal guardians fall under the supervision of the court who granted such authority and may be required to appear periodically and report.
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It is POSSIBLE, but highly unlikely. Adult persons who have been judged legally 'incompetent' to handle their own affairs, must have someone named as either their Guardian or their Conservator.
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minors, individuals who are mentally ill, persons under the influence of alcohol or drugs, and those under a legal guardianship