Having children adds a new and exceedingly important aspect to estate planning. If all of a child’s legal parents have passed away or are incapacitated, and not ever made arrangements for such emergencies, the child is going to need to be placed with a new family. This can be an extremely unsettling process for the child, even when the new family are their grandparents or other family members. It can be averted if a parent chooses a guardian for their child in their will or in an award of guardianship.
Different Purposes. There are 2 types of guardians – a guardian of the estate, and guardian of the person. The first one controls the money or assets kept by a child, either if the parents are alive or following their passing. Guardians of the person, nevertheless, are an individual that becomes a surrogate parent for the child if the child’s genuine parents pass away or come to be incapacitated or otherwise incapable to take care of them.
Matching Characteristics. When choosing a guardian, be aware of the 2 types, and choose individuals with the competence or characteristics that are best suited for those roles. Simply put, your bank associate sister-in-law might be an ideal choice as guardian of the child’s estate, but her workaholic nature might make her an inadequate choice to be guardian of the child.
Multiple Guardians. Since you can choose different individuals to be guardians of the estate and person, you are also able choose more than one of each type if you have more than one child. For example, if your family is large and you know that the weight of raising multiple children or controlling their assets would be a lot to ask of one individual, you can designate specific guardians to specific children. Although there are possibly fewer emotional consequences to such choices when a guardian of the estate is involved, there are larger factors at issue when dealing with a guardian of the person. Are you really wanting your children to divided into different families if you both pass away or become incapacitated prior to them being grown? Perhaps, perhaps not.
Shared Values. Select an individual you know well and that shares your goals, morals, and parenting type, if you are choosing a guardian of the person or the estate. Even though the individual you choose has a limit to making financial decisions on the behalf of your child, you want that individual to share your philosophies of childrearing as a whole.
Stable Financially. Pick an individual that has the financial resources to care for your children. It is expensive raise and educate children, and you don’t want to enforce these economic burdens on an individual that can’t meet them.
Longevity. Decide on someone that young enough to see their responsibilities through until your child reaches adulthood, and healthy enough to take on the difficulties of childrearing. Whereas physical disabilities don’t necessarily prevent good parenting, it is a good idea to consider health factors that might limit an individual’s life expectancy or capability to parent. It might be enticing to pick their grandparents as guardians but from a realistic point of view they are less likely to outlive you than are individuals of your own age or younger.
Keep Your Independence. Don’t be persuaded by others’ wishes as to who you should choose to be your child’s guardian. If the person you have chosen defies your choice, the decision will belong to the parents alone.
Think About Character. Don’t pick an individual that a court wouldn’t approve as a guardian, like an individual with a drug or alcohol abuse history or has a criminal record.
Talk It Over. Even though the guardian selection choice belongs to the parents, it is vital to get consent from the person you are considering prior to you making it final. There could be legitimate reasoning why someone cannot fulfill your request, and it is a good idea to find that out first while you still have the opportunity of choosing someone else.
Get It In Writing. After your decision is finalized, speak with your attorney to outline the required documentation to start making your choices legally binding and legitimate. Wills, trusts, and other legal papers can be utilized to carry out your guardianship choices. Your attorney can counsel you on the correct process, devise the necessary paperwork, and file any necessary documents.
Get Legal Help About Your Questions When Deciding on a Guardian for Your Child
When you are considering your estate plan, one of the most vital decisions you going to have to make is the naming of a guardian for your child. There are several important legal factors to think about and you will more than likely have questions about what they entail. The good news is you can get all of your questions answered today by speaking with a knowledgeable family law attorney near you.
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.