Deciding On A Guardian For Your Child


Most parents realize the importance of choosing a guardian for their child. If something should happen to you, having a guardianship plan in place will ensure your child is cared for. However, many parents put this part of estate planning off because they cannot decide who should be appointed. For some help with that, read on.

If You Don't Decide 

Even though it's only natural for parents to want the best possible guardian, making a choice, any choice, is important. If your last will and testament do not have guardianship provisions, the probate court will make the decision for you. You can always change the guardianship if you want to, and you should revisit the issue occasionally to confirm your choices. A probate judge should not need to guess what is best for you and your family. A guardian should be someone who can physically take care of your child. If you wish, you can also make the same person financially responsible for taking care of your child or you can appoint two different people for those tasks.

How to Decide

Parents should use the below questions to form a better idea of who they want to appoint as the guardian of their minor children if both parents are unavailable. If you are divorced and don't want the other biological parent to take custody, you must take this step to avoid the automatic placement of the child with that parent. Here are a few other considerations in choosing a guardian for your child:

  1. Is the guardian physically and mentally prepared to care for your child?
  2. Will they agree to do so?
  3. Does the guardian share the same general ideas about discipline with you?
  4. Will they follow your wishes regarding educational decisions?
  5. Do you strongly feel that the guardian must raise the child to follow a certain religion?
  6. Are the guardian's values consistent with your own?
  7. If the guardian is older, are they likely to be able to care for your child in 10 years or more?

Financial Issues

Whether you plan to have one person handle both the care and the financial responsibility for your child, consider the below issues:

  1. Can you afford to fund a trust so that the guardian can pay for the care of your child?
  2. Is the guardian able to cope with the financial responsibilities of the job such as recordkeeping and reporting?

Making guardianship decisions now avoids confusion later when things are bound to be stressful. Speak to a will attorney about creating a guardianship with the person of your choice.


29 June 2022

Investing in Your Children’s Futures

I was blessed to have grown up in a home with loving supportive parents. They both worked extremely hard in order for me and my sister to enjoy a better life than they had. Financially, they bought me a new car when I was sixteen. They also paid for my college expenses. Many parents do the same for their kids. They want to provide for them in the present while safeguarding their futures. One way parents can invest in their kids’ futures is by placing money in trusts that their children can utilize when they reach a certain age. A reputable attorney can establish beneficial trusts for your kids. On this blog, you will learn about the benefits of consulting with an attorney about setting up trusts for your children.