Guide to Choosing a Legal Guardian for Your Minor Children
One of the most important decisions you can make when thinking about your family’s future, is choosing a legal guardian for your minor children. A legal guardian will be responsible for raising, caring for, and protecting your children, including making vital decisions about their education and healthcare, if you are unable to care for them yourself.
Given the importance of this role, you should have a clear plan in place rather than leave it to the courts to decide. The following guide outlines important considerations to help you choose the best legal guardian for your minor children and what to do once you’ve picked one.
What To Look for in a Potential Guardian
Of course, you need your children’s guardian to be someone you trust to make decisions in their best interests. Although many people immediately look to family members, close family friends can often be an excellent choice as well, especially if your family dynamics are complicated.
Besides trustworthiness, though, you want to evaluate a potential guardian’s:
- Values – Does the potential guardian share similar values and beliefs about issues like education, discipline, and religion?
- Existing relationship with your family – Do your children know the potential guardian and genuinely like them and feel comfortable with them?
- Health – If your children are younger, it’s especially important to consider the health of the potential guardian. Are they physically able to meet the physical and emotional demands that come with raising children long term?
- Location – Where does the potential guardian live? Will your children be able to stay in the same schools and maintain stability in their lifestyle?
- Finances – Does the potential guardian have a steady income? Will they be able to provide financially for your children’s needs?
What to Do Once You Have Chosen a Potential Guardian
Once you have some candidates in mind, you should have an honest discussion with them before actually naming them as the guardian. It’s also a good idea to have alternates as well, in case your first choice becomes unavailable. Make sure all candidates are willing and able to take on this role and the responsibilities that come along with it. You might also want to discuss your choice with family members to avoid later conflicts and negative repercussions.
Talk to Your Children
Depending on your children’s ages, explain the situation in a way that is age appropriate and helps them feel secure.
Make Financial Arrangements
Consider establishing a trust to help provide appropriate financial resources to ensure the guardian can take care of your children the way you want. If your child has special needs, a special needs trust might be the best option.
Talk to an Estate Planning Professional
Once you’ve chosen a guardian and they have agreed, you should consult with an estate planning attorney like the ones at Lonich Patton Ehrlich Policastri (LPEP). Schedule a free, no-obligation consultation with LPEP’s Estate Planning Group to discuss your options and needs. They can help you draft the appropriate documents to put your choice in writing and include specific instructions about your wishes related to your children’s upbringing and future to help the guardian make good decisions. Don’t leave it to chance. Having a plan in place is an important part of protecting your family’s future.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
