Under what circumstances can someone serve as a guardian?

Serving as a guardian can occur through testamentary or court appointment because these are the recognized legal processes that establish a guardian's authority. A testamentary appointment occurs when a will designates a person to become a guardian upon the testator's death. This allows individuals to express their wishes regarding who they believe would be best suited to care for their dependents in their absence.

Additionally, a court appointment can take place when it is deemed necessary to protect the interests of a minor or an incapacitated person. This might happen if there is a dispute over guardianship, or if the existing guardianship is called into question. Courts evaluate circumstances to ensure the protection and best interests of the person needing guardianship are prioritized.

Other options would not adequately cover the legal processes required for someone to serve as a guardian. Being appointed solely in a will does not consider the court's role in approval and oversight, while familial relationships alone do not grant guardianship rights without formal legal proceedings. Verbal consent from family members lacks the necessary legal binding to establish guardianship, further emphasizing the need for formal appointments through a testamentary document or a court ruling.