Nobody likes to think about the possibility of an untimely death. If you have young children, the thought of leaving them alone is even more difficult to contemplate. That’s precisely why naming a guardian for your minor children is so important. If you have children under the age of 19, naming someone you trust as a guardian in your will is the only way to ensure that they will be looked after and taken care of. If you don’t identify a guardian, the court will choose one…and it might not be someone well-equipped to properly look after your children.
Guardianship of minors can be a sensitive issue, but for many people, it is a key part of estate planning. Here are five important questions to ask yourself when selecting a guardian:
- Are my partner and I on the same page? The answer to this question will likely be different depending on whether you are still with your partner, but—either way—it is essential that you get on the same page. Even happily married parents find that they are often on very different pages about who should take over for them in the event of death or incapacitation. Divorced parents may have a wide array of conflicts when determining guardianship of minors. For example, one parent may not want the other parent to be awarded custody in the event of tragedy. The bottom line is that you and your co-parent need to get on the same page, and you need to work with an estate planning attorney who can ensure your wants and wishes are put into writing.
- How do I handle the question of multiple children? One concern that can make the guardianship of minors tricky is what to do if you have multiple children. If it is essential that your children stay together, make a note of that in your will. Also, when naming a guardian, be sure that the person you choose is equipped to take on multiple children.
- Where is the guardian located? Your passing is already a huge trauma for your children. If you choose a guardian who lives far away, and your children must move, this can make an already difficult situation even more mentally straining. In addition, it is important to consider the school district your child would be transferring to.
- Is your guardian financially equipped to handle the job? Your preferred guardian may be an ideal choice. However, if they don’t have the financial means to take care of your children, you might have to look for someone else. Ideally, your estate will have provided for the upbringing of your kids, but it’s likely that your guardian will have to take on at least some of the costs of support…
- How will your guardian handle the responsibility? Assuming responsibility for one or more children is not an easy task, and however much your guardian may be invested in caring for minor children, not everyone is prepared to handle the challenges. When you have identified a potential guardian, it is important to have a long talk with that person to ensure that they know everything the job will entail, and that they are prepared to step up to the challenge.
Naming a guardian for your minor children is not a pleasant or easy task. Yet, if you are to ensure their future stability and happiness, it can be one of the most important parts of the estate planning process. Although the process is emotionally-charged, working with an experienced and sensitive estate planning attorney can make it as painless as possible.
At Miller Estate and Elder Law, we have many years of experience helping parents navigate the often painful question of the guardianship of minors. Contact us today at (256) 251-2137 or complete the brief form below to get started ensuring that your children will be well provided for, no matter what happens.