Choosing A Guardian For Minors
Who should raise your children if you or your spouse are not able to?
This is a difficult question even to contemplate, let alone answer. But if you have children under age 18, your estate plan most certainly should address their future care and well-being. Without this, a court will decide – and a court’s decision might not be the same as yours. It might not even be in the best interests of your children.
Here are the most critical factors to consider when choosing a guardian for your minor children:
Does the prospective guardian have a genuine interest in your children’s well-being?
Does the guardian share your values?
Can the guardian handle the role physically? Emotionally? Does the guardian already have children? Will the guardian be able to make enough time to adequately care for and look after your children?
Can the guardian manage the financial responsibility if you cannot provide enough assets in support of their raising your children?
Where does the guardian live? Would that be a good fit for your children? Would having to move far away exacerbate an already stressful situation for your children?
Is it essential that all your children have the same guardian? Most parents say yes, but in some circumstances, such as when your children are of significantly different ages, naming more than one guardian is an option.
Should you choose one person to act as personal guardian and another to manage the financial arrangements for your children—that is, name a second person to act as Custodian or Trustee? In certain situations, such as when the best surrogate parent for your children is not necessarily the best person to handle financial matters, this option is worth considering.
Are you are having trouble deciding between several loved ones who have expressed interest in acting as guardians? If your children are old enough, consider asking their opinion on whom they’d prefer. Allowing your children to have a say in deciding their fate might make that difficult transition a bit easier. When discussing this topic, assure your children the odds are low that anything bad will happen to you, but on the off-change that it did, you want to ensure they remain protected and happy under all circumstances.
Perhaps most important of all, have you spoken to the guardian about taking on this potential responsibility? Is the guardian you have in mind be readily willing to serve in this role? Do they know the location of your will or trust plan in case it is needed?
Share your concerns and any areas of indecision with your estate planning attorney.
At Salter Law LLC, our attorney, David P. Salter, with his 25 years of estate planning experience and insight, has assisted many families struggling with this same decision. We welcome the opportunity to help you select the ideal guardian for your children by discussing these critical factors in an estate planning meeting. Learn more about our planning process or contact us to schedule an appointment.
Disclaimer: The above article should not be construed as legal advice for your situation. Please contact us to discuss the specifics of your case in order to determine which aspects of this article pertain to your life circumstances and estate planning needs.
