Choosing a Guardian for Your Child
Having children adds a new and great significant scope to your estate plan. When all of a child’s legal parents have died or are debilitated, and never made arrangements for such emergencies, the child must be placed with a new family. This is a significantly troublesome process for the child, even if the new family are their grandparents or other family members. It can be bypassed when a parent selects a guardian for the child in their will or their grant of guardianship.
Various Purposes. There are 2 kinds of guardians: guardians of the estate, and of the person. The former oversees the capital or assets retained by a child, either when their parents are still living or after their passing. A guardian of the person, on the other hand, is an individual that becomes an alternate parent for the child should the child’s legal parents pass away or become debilitated or otherwise incapable of taking care of them.
Matching Characteristics. When choosing a guardian, be wary of the two kinds, and choose individuals with the skills or characteristics that is best suited for those roles. For instance, your accountant sister-in-law may be a perfect choice as guardian of the children’s estate, but her tireless working nature may make her the wrong choice for guardian of the person.
Several Guardians. Just as you are able to choose different individuals to be guardians of the estate and person, you can also choose more than one of each kind if you have more than one child. For example, if you have a large family and know that the weight of bringing up multiple children or overseeing their assets would be too much to ask for one individual, you can name specific guardians to specific children.
Whereas there are most likely fewer emotional consequences to such a choice when there is involvement of guardians of the estate, there are larger deliberations at issue in relation to guardians of the person. Do you really want your children divided into different families if you and your spouse pass away or become debilitated before they are no longer a minor? Possibly, possibly not.
Shared Ethics. Choose an individual you know well and that shares your objectives, ethics, and parenting style, whether you are choosing a guardian of the person or guardian of the estate. Even if the individual you choose is restricted to making financial decisions on behalf of your child, you want that individual to share your ideology of child-raising in general.
Financial Balance. Decide on an individual that has the financial means to take care of your children. It is expensive to raise and educate children, and you surely don’t want to inconvenience these economic burdens on an individual that can’t fulfill them.
Longevity. Choose an individual that is young enough to see their obligations through to your child’s adulthood, and in good enough health to take on the difficulties of child-raising. Whereas physical ailments do not necessarily hinder good parenting, it is a good idea to consider health attributes that may restrict an individual’s life expectancy or capability to parent. It may be enticing to choose their grandparents as guardians, but realistically speaking they are not as likely to outlive you than are individuals around your age or younger.
Keep your Independence. Don’t be impacted by others’ wants as to whom you should choose to be your child’s guardian. Unless the individual you’ve chosen denounces your decision, this decision alone belongs to the parents.
Think About Character. Don’t select a person that a court is not going to approve of as a guardian, like a person with a history of drug and/or alcohol abuse or a criminal history.
Talk It Through. Even though the guardian selection decision is up to the parents, it is vital to get approval from the individual you are thinking about choosing prior to you making it final. There may be warranted reasons why someone is unable to fulfill your request, additionally it is good idea to find out that now while you still have the opportunity to make a different selection.
Get It In Writing. Once you have made your final decision, consult your attorney to devise the required paperwork to make your decisions legally legitimate and official. Wills, trusts, and other legal paperwork can be used to carry out your guardianship decisions. The attorney can advise you on appropriate procedure, arrange the required paperwork, and file any necessary documents.
Get Legal Assistance With Your Questions Concerning Deciding on a Guardian for Your Child
As you’re devising about your estate plan, one of the most vital decisions you are going to have to make is designating a guardian for your child. There are several important legal factors to think about and you’ll probably have questions concerning them. You can get your questions answered today by getting a hold of a knowledgeable family law attorney in your area.
Source:
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Ten things to think about: Choosing a guardian for your child. Findlaw. (2018, January 31). Retrieved July 7, 2022, from https://www.findlaw.com/family/guardianship/ten-things-to-think-about-choosing-a-guardian-for-your-child.html
Arizona Family Law
Naming guardians in your will can be part of your estate plan. You may think you’re too young or don’t have enough money to justify the expense, but if you have children, you have priceless assets. There are many considerations when naming guardians for your kids. However, the process doesn’t have to be expensive or complicated.
There’s nothing better than the peace of mind you will have knowing you’ve protected your family at a time when they need it most. Let us help. Schedule a consultation or contact Ogborne Law, PLC of Arizona today.
