No one of
us likes to consider our mortality, but being a parent naturally makes you think
about the future. When you have kids, their security is your prime concern. And
as important as it is to consider finances for your child's future, designating
a guardian---in the event that you should you ever become incapacitated---is
even more critical.
What is
a guardian?
A guardian
is a person who has legal responsibility for a child in lieu of the parents.
Guardians are appointed for children when the parents are deceased or if they
abandon children or are unable to care for them.
Picking a guardian
There are
many things to consider when picking a guardian. This is the person who will be
parenting your children. So, a guardian will make decisions about your children's
health, schooling and moral training. Some things to consider when selecting a
guardian include:
- Does this
person love my children?
- Is this person
responsible and up to the challenge of raising my children?
- Is the person a
legal adult? A minor cannot be a legal guardian for another minor.
- Where does this
person live? Would my children be uprooted and moved away from their friends
and family members if they went to live with this guardian?
- What is the
person's home situation? For example, does he or she have a house or a studio
apartment? Is the potential guardian in a stable relationship?
- Will your
children still have easy access to their other relatives?
- What are the
person's religious and moral beliefs?
- Does the person
have any medical conditions that would preclude being an effective guardian?
- If you cannot
leave enough financial assets for your children's care, does the potential
guardian afford to care for your child?
Once you
select someone to name as a guardian, it is important to discuss it with him or
her. While most people are flattered, some are unwilling to accept the
responsibility or have previously unknown reasons for which they might be
unable to take on the role. It is also wise to consider appointing an alternate
guardian.
Naming a guardian
Once you
have selected someone to appoint as a guardian, the hard part is done. Now all
you need to do is to name the person in your will. The states legislates how
guardians are chosen, and the laws are similar throughout the United States. Whether you use your personal
attorney or use an online service to create your will, this is a simple thing
to do. Once you have named a guardian for your children in your will, the
court will follow your request so long as it is feasible.
When there is no
guardian…
What
happens if you do not appoint a guardian? If you should die without a will and fail
to designate a guardian, the courts will decide who takes care for your minor
children. The decision may be less than ideal. The court system does not know
your children and can't have an understanding of your wishes for them unless
you leave a legally binding guardianship document.
If
you have minor children, naming a guardian for them is one of the most
important considerations in your will. More than likely a will is perhaps the
most important legal document the average person will ever sign. Without one, the courts—and not
you—decide what happens to your assets. They can even decide what happens to
your children.