A Man Hailed as Cindy Birdsong's Rescuer Is Accused of Exploiting Her

[kenneth]

@JRob,

I did a little research on your question. Here's a couple references as to the guardianship via testamentary docs.

From Legal Zoom:

Establishing guardianship in a will is one of the best things a parent can do for his or her child. Why is it so important? Because if something happens to you, you would surely prefer to choose who assumes legal guardianship of your child instead of letting the courts decide. While it isn’t automatic that a court will approve your selection regarding guardianship of a minor, it is highly likely, especially if you take the time to explain your reasoning to the court. This last part is particularly important if you don’t want custody of your child to go to your ex-spouse since, generally, if a child’s other parent survives, guardianship passes to the other parent.

From Nolo, a well respected publisher of legal "how to" books without using lawyers. [[Confidentially, many lawyers use these books as well!)

A judge will make the actual decision about who will be your children's guardian. But it's important to make your wishes known through a will or other legal document because judges will follow a parent's wishes in a vast majority of cases.

A judge's main goal is to make sure a child's best interests are protected. If you choose someone who turns out to be unfit to raise a child, a judge will probably appoint an alternate guardian you named—if the alternate is willing and able to raise your child.

The Michael Jackson Case

Regarding Michael Jackson's nomination of his mother, followed by Diane Ross, to be his children's guardian, these were expressed preferences. I knew one of the lawyers representing Katherine Jackson when this occurred and, although I didn't follow the case closely at the time, it is likely that Mrs. Jackson was more than willing to be the Guardian, and no one, including Ross or other family members, objected, or if they did, their objections were dealt with by the court at the time.

So from what I gather, the testator's preferences are given great weight, though are not necessarily determinative.