Rebuttable presumption

What it means

It is not a guarantee and it is not a formality. It shifts the effort: the person who wants a different outcome has to give the court a reason, rather than the person relying on the document having to build a case.

In guardianship statutes it is what a properly made and filed nomination usually creates — the named person is entitled to serve unless found unqualified.

Why it matters

It explains why the paperwork is worth doing even though a court still decides. The document changes who has to persuade whom.

It also explains why the court can still say no, which is the part families are surprised by.

When you are likely to meet it

• When reading what a guardianship nomination actually achieves.
• When a relative disputes a named guardian.

Related terms

• Guardian nominationNaming, in a will, who should raise your children — or care for a dependent adult — if you cannot.
• GuardianshipA court appointing somebody to make decisions for an adult who cannot make them, usually about care, housing and medical treatment.
• Preneed guardianSomebody named in advance, in a signed declaration, to be appointed guardian if a person or their children later need one.
• Standby guardianA guardian named in advance who steps in on a trigger, without a fresh contest over who it should be.

Sahvelo guidance that uses this

• Naming a guardian