Appointing A Guardian For Your Child
As a parent, you cannot help but to think about who will care for your child if you passed away or became incapacitated. The last thing any parent would want is to have their child under the care of someone they do not believe is fit to serve as guardian.
What is a legal guardian?
A legal guardian is an adult designated or appointed to care for a minor child in the event the parents are unable. Generally, guardians are appointed for children when the parents are deceased, incapacitated or some other circumstances have arisen where the parents are unable to care for them.
How do I choose a guardian?
There are numbers things you should consider when designating a guardian. A guardian will have the same rights, responsibilities and duties as a parent would and will make decisions about your child’s care and welfare. Here are some things to consider when selecting a guardian:
Parenting Abilities
Does this person have children of their own? Would your children fit into their family structure?
Does this person love my children? Would my children be cared for in their home?
Is this person responsible and up to the challenge of raising my children?
Is the person an adult? (A minor cannot be a legal guardian for another minor.)
Practical Concerns
Where does this person live? Do they live in a house or small apartment? Would my children have to move far away from their friends and family members?
Would this person accept your decision to appoint him or her as a guardian?
What is their financial situation? Are they responsible with money? Are they in
debt?
Do they have a stable job?
Do they have any medical conditions that would preclude them from being a
good candidate?
Is the potential guardian in a stable relationship? Are they divorced or
widowed?
Personality & Beliefs
What are the person's religious and moral beliefs?
What is the person’s cultural background?
What are the person’s educational, social and political viewpoints?
After reviewing these questions, you may realize that there is no one individual who is fully perfect for the job, but you will likely find that there are good candidates you personally know who would qualify. Once you have identified some individuals, it is helpful to discuss your consideration with the prospective guardian appointees. While most people may feel honored, some are unwilling to accept the responsibility or are in circumstances that would prevent them from serving.
How and where do I name the guardian?
All our estate planning packages include a Parental Appointment of Guardian document that enables you to appoint the individuals you would like to serve as the guardian. Although the law for guardianship appointments vary from state to state, the court will typically honor your request and appoint the individuals you have designated so long as they will act in the best interest of your child.
What if you do not designate a guardian?
If you do not designate anyone to serve as a guardian upon your death or incapacity, then the court system will make that decision for you. Please understand that the decision made by the court may be less than ideal because the it does not know your children or any of your family’s personal circumstances. Therefore, it is very important that you have a Parental Appointment of Guardian in place and designate the guardians for your minor children.
Lifetime Planners make it extremely easy for you to create your Parental Appointment of Guardian. All our estate planning packages includes one that enables you to designate individuals you would like to serve as guardian when
you are no longer able to care for your child.