How is a legal guardian of minor appointed after parents' death?

Answer 1

This depends on whether there is a family member who is willing to act as legal guardian. If no family members available then the child is placed on foster care.

Answer

Any person who is willing to step in and act as the parent of the child can be appointed as long as they are of legal age. It could be a relative, friend's parent, caring neighbor, older sibling, grandparent, aunt or uncle or some other person who is interested in providing a home for the child. A prudent parent can name a guardian in their will for their minor children and the court will be more likely to appoint that person if they are willing.

Anyone who wants to be appointed as the legal guardian can petition the court. The court will have the situation reviewed by court appointed professionals who will report back to the court with their recommendations. If it is determined the guardianship is in the best interest of the child the person will be appointed.

Answer 2

The guardian must be appointed by the court. If the parents have left a Will that names a guardian the court will consider that person first. If not, any family member or close friend who petitions will be considered. In the case of a child who inherits an estate the court may give control over the property to the same guardian. In the case of a large estate with substantial assets, the court will set up a trust to protect and administer the property in the best interest of the child. The details depend on the laws in any particular jurisdiction.