Guardians for Children

One of the biggest decisions in estate planning is nominating guardians for minor children.

While a court ultimately determines the children's legal guardians, a will can specify your top choices, who will likely be approved by the court unless a judge finds a reason otherwise.

Before nominating them in a last will and testament, talk to your potential guardians to make them aware of your choice and get their approval.

Considerations include:

Do the guardians like the children and vice versa?
Is the guardian's home large enough to handle your children?
Would the guardians move into your home until the children are adults?
Would children need to change schools?
Do potential guardians have similar age children?
Are the guardians close to becoming empty nesters?
Do the guardians have similar values to you?
Where would your children spend holidays?
How often do the guardians interact with your intermediate family?
Are you prepared for the guardians to ask you to reciprocate and be nominated as guardians of their children?

Talk to your children if they are old enough about potential guardians in case something happens.

It is important to note guardians must be 18 years of age or older to act as a legal guardian.

Do you want your guardians to also manage your children's finances? A trust can help keep accurate accounting of your children's finanaces and you can appoint someone different than the guardians if you would like a system of checks and balances.

Consult with an attorney to review other important considerations in naming a guardian for legal children.

Financial power of attorney

Mental health care power of attorney

Medical power of attorney

Living Will

Last will and testament

Testamentary trust

Revocable living trust

Special needs trusts

Other types of trusts

Children's Guardians

Probate