Whether you are a parent creating an estate plan or you are a family member of a child whose parents recently passed away, in order to accomplish your guardianship goals, seeking out legal assistance is highly advisable. Guardianship is an important part of estate planning for any parent, and it is understandable that you do not want to take any chances with your child’s future. And, navigating the court system as a family member if the child’s parent or parents recently passed away, were deemed legally incapacitated, or went to jail, is sure to be fraught with difficulties and unexpected challenges. The attorneys at Strategic Counsel Law Group, L.C. can help.
Guardianship as a Part of Estate Planning
If you have minor children, or an adult child with special needs, naming a guardian in your will is an essential part of your estate plan. A guardian can be any family member or close friend. If the child has two parents, both need to be on the same page about who they name as the guardian. Of course, make sure the person you name is willing to take on this important role. Furthermore, if you have multiple children, your will needs to list them all under the same guardian. Do not assume that simply because Aunt Marilyn is the guardian of your 10-year-old, that the court will automatically appoint her as the guardian for your toddler. Finally, if you do not name a guardian, the court will appoint a guardian of its choosing—possibly someone who is not actually best-suited for this responsibility. Factors when choosing a guardian include:
- The guardian’s age, physical health, and mental health
- The guardian’s housing situation
- What city or state the guardian lives in (will the children have to change schools or make new friends right after losing their parents?)
- The finances of the guardian and the strain of raising children (assets should be set aside for this purpose, if possible)
- Should there be co-guardians?
- Does the guardian actually want this responsibility?
- Type of guardianship: guardianship of the person (making daily decisions for the child and caring for the child) vs guardianship of the child’s property (managing their finances—assets left to the child in the parent’s will or assets accrued from a parent’s wrongful death claim)
Guardianship in an Emergency Situation
There are many circumstances in which a grandparent, uncle, aunt, or other family member of a child might actively seek guardianship in an emergency situation. These scenarios include:
- Parent is absent
- Parent is abusive
- Parent(s) has passed away
- Parent has gone to jail or prison
Call a Guardianship of a Minor Attorney
Nothing should be left to chance when naming a guardian for your child or children in your will. Choosing a guardian is not quite as simple as it might sound; significant and detailed planning needs to go into this, as well as the rest of your estate plan. An experienced guardianship of a minor attorney at Strategic Counsel Law Group, L.C. is here to help. Call us today at 813-286-1700 to schedule a free consultation.
