For anyone with children under the age of 18, establishing legal guardianship in a will is a difficult but vital task. In order to ensure your children are placed in the home of your choosing, here are five important questions to consider.
Making guardianship decisions while creating a will can be extremely difficult. Not only are you forced to consider what will happen to your children if you die,
but you must choose the right person or persons to care for them if you are no longer able to. An appointed guardian has all the legal rights of a parent and is responsible for the wellbeing of the child with whom they've been entrusted. But how do you, as a parent, decide who would be the right person for the job?
While everyone's decision making process will be different, and there are certainly a myriad of highly personal aspects to the choice, there are a few key questions that can help you make the best guardianship choices for both you and your family.
How Will My Children Feel About My Guardianship Choice?
When it comes down to it, the decision about who will care for your children is ultimately about making sure they are safe and happy. Part of that is ensuring that the individual(s) who will be caring for them have their best interests in mind and will be capable and responsible parental figures. When choosing candidates for guardianship you should consider how your kids will feel living with each person or couple. The happiness of each child will rest largely on the relationship they have with their legal guardian, so if there are individuals in their life with whom they already share a special bond they should certainly be considered.
Is My Selected Guardian Ready For The Responsibility?
Just as the choice of when in life to have children is different for every individual, the ability of a guardianship candidate to care for your child will depend on a number of factors in his or her own life. Do they have children of their own? Are they emotionally prepared to take on the responsibility? Are they healthy enough, both mentally and physically, to assume the day-to-day tasks of caring for a child? Guardianship decisions always have an emotional component, but these practical factors are just as important and can sometimes be difficult to assess. It's always a good idea to have lengthy discussions with potential guardians to make sure they understand the responsibility and are equally committed to your decision.
Will My Children Live Together?
Many parents would prefer that their children live with and grow up together. If that is your intention, it's important to make that clear in your will. If for some reason your selected guardian is unable to fulfill your request, the courts may be left with the responsibility of naming an alternate guardian and, if it is not expressly indicated that the children should remain together, they may be separated.
Is Your Selected Guardian Financially Prepared?
Caring for children is expensive, and while you should take steps during estate planning to ensure they are accounted for financially, it's important to take into consideration the financial standing of any potential guardian as well.
Do You Wish To Name Co-Guardians?
Finally, many parents wish for their children to be cared for in a two-parent household. Once again, if this is your wish be sure both individuals are named in your will. Also ensure that any guardianship decisions are mirrored in the will of the child's other parent to avoid future complications. To further prevent any potential difficulties establishing guardianship, it's always a good idea to consult an attorney who specializes in estate planning and trust matters.
