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Have you named a guardian for your minor children yet?

by | Mar 22, 2024 | Estate Planning, Guardianships, Probate, Trust Administration

Imagine this: you and your partner are enjoying a family outing with your children. Suddenly, the unthinkable happens. An accident leaves you both unable to care for your kids. Who would step in and raise them? This is where having a guardian named for your minor children becomes crucial.

Understanding the importance of designating a guardian and exploring the different ways to do so can help ensure that your children are cared for per your parenting standards, even when you’re physically unable to do so yourselves.

Why naming a guardian matters

Life can be unpredictable. While accidents are a worst-case scenario, there are other situations where a guardian becomes necessary. These could include illness, deployment or even incarceration. Without a designated guardian, the court system decides who raises your children. This process can be lengthy and stressful and may not always result in your preferred outcome.

Choosing the right guardian

Consider someone who shares your values, has a loving relationship with your children and is financially stable. Ideally, choose a couple who can provide a secure and nurturing home environment.

There are two main ways to name a guardian. First, you can designate a guardian through a will. A will can allow you to specify your preferred guardian and any specific wishes you have for your children’s upbringing. You can also ask someone you want to be your minor kids’ guardian to file a petition for guardianship. This standalone document solely focuses on guardianship and can be easier to modify if your circumstances change.

Naming a guardian for your minor children is a thoughtful and proactive step that can help to ensure their well-being in the event of unforeseen circumstances. By taking the time to choose a responsible and loving guardian, you can provide greater peace of mind for yourself and a more secure future for your children.