In some circumstances, a guardian is faced with estate planning documents that may not reflect the ward's true intentions. In many states, the guardian has no option to alter or change those documents. The author asserts that in some circumstances, a guardian should have the authority to change a ward's estate plan.
Shipe, Edward A.
"Guardians and Wills: "Substituted Judgment" in Estate Planning Deserves Another Look,"
Marquette Elder's Advisor:
4, Article 9.
Available at: http://scholarship.law.marquette.edu/elders/vol2/iss4/9