Designation of Guardian for Minor Children
There is an additional document that you should consider including in your planning—designation of guardian for minor children. If you have minor children, you need to do additional planning. A living trust cannot designate a guardian of your minor children in the event you and your spouse pass away. If you create a pour-over will, include a designation of guardian.
Many states recognize a designation of guardian, which can be effective either during life or after death. For example, you may become incapacitated and unable to care for your minor children. The designation of guardian avoids the involvement of child services and the courts in determining who will have custody of and act as guardian of your minor children.