Selecting a legal guardian is crucial when creating a will if you’re a minor child’s parent. This guardian, with legal authority, assumes responsibilities similar to yours. They become your child’s caretaker, although not their parent.
Wards can also include incapacitated adults or those with disabilities, for whom you can nominate a guardian. You and the other parent must appoint a trusted guardian when making a will.
Failing to do so means that if both parents pass away before your child reaches adulthood, the courts will appoint a guardian without your input.
Understanding the Role of a Guardian and Its Importance
What is a legal guardian? They are individuals or couples designated to care for your child or children in the unfortunate event of your and the other parent’s passing.
While it’s possible to divide this responsibility into two distinct roles, with one person managing your child’s financial assets and another overseeing their physical custody, most individuals opt for one person to fulfill both roles.
Contemplating one’s mortality is challenging, and the thought of a world where your young children exist without you is distressing.
A last will and testament is a vital tool for planning for the future, including appointing a guardian in case you pass away while your children are still minors.
You must create a will or complete the legal guardian paperwork. Otherwise, the courts will decide on your behalf, potentially selecting individuals who may not align with your preferences for raising your children.
Selecting a Guardian for Your Children: How To Do It
Understanding the importance of choosing a guardian for your children, let’s explore the steps to help you make this difficult decision.
1. Reflect on Your Values and Priorities
To start selecting a guardian, reflect on your parental values and the values you want to impart to your children. This contemplation should be a collaborative effort involving open discussions with your partner if you have one.
Instead of immediately zeroing in on potential guardians and designating them in the legal guardian document, focus on defining the ideal environment and upbringing you envision for your children. Start by identifying this environment’s qualities, then identify individuals who can naturally offer that environment.
2. Collaborate with the Other Parents
It’s important to acknowledge the role of your child’s other parent in the decision-making process. By default, if one parent passes away, the surviving parent usually gains sole legal custody of a minor child.
However, planning for the unlikely scenario where both parents might pass away simultaneously is wise. In this case, both parents should agree and list the same guardians in their respective wills. It readies the appointed person in their role of becoming a legal guardian.
It also ensures clarity and avoids confusion or disputes if different guardians are named. Additionally, it’s crucial to know that step-parents are not automatically considered legal guardians of their stepchildren.
In blended families, it becomes even more essential for each child’s parents to reach a consensus and designate the same guardians in their wills. This proactive approach helps ensure the well-being of all children in the family.
3. Choose Potential Guardians
After defining your values, it’s time to identify potential guardians who align with them. Each parent should independently create a list of suitable candidates, followed by a joint discussion to agree on the preferred guardian.
A legal guardian can be your family member or close friend living nearby, but courts often prefer local guardians to minimize disruptions. When considering an out-of-country guardian, consulting with a lawyer for legal clarifications in your will may be prudent.
4. Establish an Order of Succession
Both you and the other parent should consider designating at least one additional potential guardian for your children. Naming a backup guardian is prudent to ensure a plan is in place if your primary choice is unavailable or unwilling to fulfill the role.
5. Legalize Your Decision in Your Will
Having selected guardians and backup guardians who align with your parenting values and drafting the legal guardian paperwork is essential.
Formalize this choice in your will. This legally binding document will ensure that your children are cared for by the individuals you’ve designated.
There are various ways to create a will, and some online services like Willful can simplify the process, allowing you to establish or update your will in under 20 minutes. These services also assist you in designating guardians for both your children and pets.
Additionally, your will guides the allocation of your estate. If your minor children receive an inheritance, it ensures their share is held in trust until the age specified in your will, granting your chosen guardians access to those funds for their care.
Your will is not just a legal guardian document. Your wishes must be honored in court, even if you have already passed. Hence, it must reflect your true desires.
6. Periodically Review and Update Your Will
Life circumstances, relationships, and personal preferences tend to evolve. To ensure your plan remains current, it’s advisable to revisit your will periodically.
Estate attorneys typically recommend doing so every few years or after significant life events, such as marriage or the birth of a child. During these legal guardian paperwork reviews, verify that your designated nominated guardians are still relevant and aligned with your wishes.
Safeguard Your Children’s Future with the Guidance of a Trusted Estate Planning Lawyer
If you’re a parent, your daily focus is on giving your children the best life possible. Nomination of a guardian in your will is a fundamental step to guarantee that your children will continue receiving love and protection, even in unforeseen circumstances.
With the expertise of estate planning lawyer Cristy J. Carbón-Gaul, you can confidently choose the suitable legal guardian for your kids, ensuring their well-being and security.