Selecting guardians for minor children is vital in protecting their futures.
Welcoming a child into the world is a special moment for any parent.
Parents look forward to major milestones in the lives of their children, like graduations and weddings.
Although it is more pleasant and exciting to plan and prepare for college or wedding receptions, parents with minor children should also prepare for their own incapacity or death.
An essential aspect of estate planning for young families is the selection of a guardian to rear minor children to adulthood if something were to happen to both parents.
Naming guardians in a last will can protect children from entering the foster care system.
A recent Slate article, "A Child Has Suddenly Come Into My Care," discusses the challenges associated with unplanned guardianship.
A couple in their 60s had no children but soon found they were the only family option to serve as guardians for a great-nephew.
The child was ten years old and grieving the death of his mother and the absence of his father, who was in prison.
Although this couple did their best to support and meet the needs of this little boy, they had to navigate challenges of different socioeconomic backgrounds and generations.
While the transition was hard for the lad boy, he was fortunate to avoid bouncing through the foster care system.
A Forbes article titled "10 Tips for Choosing a Guardian for Your Minor Child" outlines what parents should consider when naming a guardian for their minor children.
People often first consider who loves their children.
While this is important, not everyone who loves your children is equally responsible.
When evaluating possible guardians, consider location, values, lifestyle, and family dynamics.
Guardians must be both emotionally and financially capable of caring for your children.
You can ask yourself who you would call first in a crisis if you needed someone to watch your children.
This person may be an immediate family member.
It might also be a close friend who has been a constant presence in the lives of your children.
Are your children old enough to understand guardianship?
If yes, you may be able to ask for their insights.
They may have an opinion on who they are more comfortable living with or what would be least disruptive during an already challenging time.
In most states, a last will and testament is used to nominate a legal guardian for minor children left without parents - orphans.
Without this legal document and nomination, the courts will select who cares for your children.
Who knows, the judge may choose someone who you would have never selected yourself.
By nominating a guardian yourself, you can better ensure the selection considers family dynamics and your goals for the future.
You can certainly change your mind about your guardianship selection.
Life circumstances and relationships change.
Your estate plan should be updated regularly to reflect the changes.
Were you selected as a guardian for minor children either by a loved one or through the court?
Taking in new children on short notice can be overwhelming to you and these children.
Getting psychological and emotional support in place for the child can be helpful.
Additionally, steps must be taken to get their healthcare and schooling arranged.
By understanding the background of these children, you will be better equipped to transition them into your family.
Planning for the future of your children now will set them up for greater success in the future.
Although selecting a guardian can be a complex topic to discuss and a hard decision, it should not be avoided.
You can schedule a consultation with an experienced estate planning attorney to take the first step in protecting everyone you love and everything you have.
The importance of selecting a guardian is undeniable for those with minor children.
Without nominating a responsible adult in your last will to serve in the role, the courts will choose someone for you.
In the worst-case scenario, your children could become entrenched in the foster system.
When selecting a guardian, you should consider someone who shares your values and demonstrates the responsibility required to care for your children.
Those with older children can seek input from their children.
If circumstances and relationships change, you can always update your guardian selection in your estate planning documents.
Choosing guardians now and discussing your wishes with them can help them better support the practical and emotional needs of your children in a timely manner should something happen to you.
This post is for informational purposes only and does not provide legal advice. You should contact an attorney for advice concerning any particular issue or problem. Nothing herein creates an attorney-client relationship between Harvest Law KC and the reader.
References: Forbes (Jan. 29, 2020) "10 Tips for Choosing a Guardian for Your Minor Child" and Slate (Jan. 17, 2022) "A Child Has Suddenly Come Into My Care"
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