All parents with a child or children under the age of 18 should name a Guardian. As a parent to small kids myself, it is difficult for me to even imagine the possibility of me and my husband not being around to raise our kids. However, it is imperative that we as parents have the difficult talk now, consider our options, and pick our own best choice for a Guardian, rather than leaving it to a Judge to decide later. Not doing so could lead to a family disagreement, unnecessary delay and additional legal fees, all of which complicate a highly emotional situation.
Here are some things to consider when naming a Guardian for your minor child or children:
- Values and beliefs.
- Parenting style.
- Location – best to be as close to home/neighborhood as possible for the least amount of disruption.
- Relationship of the Guardian with the child or children.
- Age of the Guardian. Grandparents are usually considered and high on the potential list, but can they raise a baby, handle all of the school, sport, activities, etc. of a young child?
- Willingness of the person to raise children that are not their own.
- Number of other children the Guardian has or might have in the future.
After considering the above things and your own personal matters it is best and advisable to discuss this decision with the potential Guardian. They need to be on board and aware of the potential situation so that they willingly and lovingly take on the parenting task if an unfortunate situation were to occur and result in the need of the Guardian.
As an estate planning attorney, I can honestly say naming a Guardian is typically my client’s most difficult decision. It is emotional and can cause stress but doing so now will give you peace of mind that your little ones will be taken care of, just in case. And it is equally as important to know that your decision can change over time and adjustments can be made as your child or children grow and life changes.