None of us wants to think about leaving our children if something were to happen to us, but planning for the future can bring peace of mind and leave our children set up for the future. Guardianship designations are a legal document that sits within your will to designate who will take over raising your children if you and your spouse were to pass away. Avoid court-appointed guardians by planning this with your lawyer early on to ensure your children have stability, financial resources, and a loving environment.
Why Designate A Guardian?
Designating a guardian gives you the freedom to choose someone who is close to you or whose values align with yours to raise your children. A guardian will make choices about a child’s daily care, education, and general upbringing after the parents are gone, so making this official choice with deep thought is important for the success of your children. If you don’t put your preferred guardian in writing, it will fall to a judge to choose who will take on the role. While they do their best to choose someone close to the children and who will have their best interests at heart, they can make a poor decision.
How To Choose The Right Guardian
Choosing the right couple, person, or friends to take over raising your children can be an emotional process. There are many factors you should consider when choosing a guardian while also remaining committed to the child’s well-being.
Here are some of the major factors you should consider when choosing a guardian.
- Stability: Does this person have time for your child, the resources to raise children, or the emotional capacity to take on more children?
- Relationship: Do the children trust this individual? Or are you close to this person and know a lot about them?
- Location: Do they live far from your current home and the children’s school? Will the guardian have to add space to their home to accommodate the children?
- Age: Is this person able to handle long-term care? Are they going to have to transfer the children to another guardian soon?
- Health: Is the person in good physical standing and able to keep up with children?
- Values: Do these individuals reflect your personal values and morals?
- Faith: Do you share a religion, culture, and spirituality with those you are considering for guardianship?
Legal experts will ask these questions and narrow down options for guardians to help the process feel less overwhelming. Our team at WW Partners can help you look at all of the factors and considerations that can make or break guardianship.
Temporary And Alternate Guardians
If you are unsure who to choose as a full-time guardian, you have the option of choosing a temporary guardian who could provide immediate care after an accident, illness, or travel until a more permanent placement can be made. Alternate guardians can also be helpful if your first choice is unable to perform the duties. Picking multiple guardian options can help ensure that your children are put in the best place for the current changing situation.
Making It Official
The guardian must be named in a simple will with the help of your estate lawyer. Use clear language to state your selection and any special conditions. You can update the designation as time goes on so that it feels authentic to you. This document will need to be stored safely, or a copy must be given to your lawyer so it can hold up when your estate plan is enacted.
Client-Focused & Results-Driven
Legal Help With Guardianship Designations
WW Partners offers different legal services to help you feel prepared for the future. Our team focuses on businesses, our local communities, and financial statements. Working with WW Partners allows you to have peace of mind, financial freedom, and sound legal advice. Choose a guardian, start a small business, or invest your assets with confidence by working with our legal experts.
Frequently Asked Questions
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Can Guardianship Be Contested?
Yes, guardianship can be contested by parents, close relatives, or other family members. They can challenge the appointment or actions of your set guardian, but will need to have evidence and legal representation. In some cases, a court-appointed advocate for the child will need to be present to keep the child’s best interests in mind during a court case.
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What Happens If I Don’t Designate A Guardian?
Without designating a person in your will to take over the care of your children, the court will need to appoint one. This could cause a long, drawn-out legal process where your family and friends may battle over who is best equipped to care for the children. A judge will do their best to keep the best interest and health of the child in mind, but it may end up being someone you would have never chosen. While no one wants to think about an accident or illness that takes their life, planning ahead will save your child a lot of heartache in the future.