Who can file a disclaimer on behalf of an infant or an incompetent individual?

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A guardian is the correct choice for filing a disclaimer on behalf of an infant or an incompetent individual because guardians have legal authority and responsibility for making decisions in the best interest of those they represent. This legal capacity ensures that the guardian can act in the best interest of the individual, handling matters related to their property, financial interests, and legal rights.

In the case of an infant or someone deemed incompetent by the court, the law recognizes that these individuals cannot make decisions for themselves, including the decision to accept or disclaim an inheritance. Therefore, the guardian, who the court appoints to protect the rights of the minor or incompetent person, has the ability to file the disclaimer on their behalf, ensuring that the process aligns with legal standards and the individual’s best interests.

Other individuals, such as a teacher, sibling, or family friend, do not possess the same legal authority granted to a guardian, making them unsuitable for this responsibility. Only a guardian is recognized by law as having the requisite authority to perform such actions.

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