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Naming a guardian for a minor child in a parent’s estate plan

On Behalf of | Feb 17, 2024 | Estate Planning

Naming a guardian for a minor child is a consequential step in the estate planning process for parents of minor or otherwise dependent children. Making this effort can help to ensure that one’s child is cared for by a trusted individual in the event of their parent’s/parents’ incapacity or death.

If you are a parent and have yet to name a potential primary – and secondary – guardian for your child, there is no time like the present to do so. Hopefully, the courts will never need to review and approve of your choice, but in the event that something happens to you, you’ll want your child’s interests to be protected.

The importance of naming a guardian

The primary reason for naming a guardian in an estate plan is to ensure that your child has a responsible and caring adult to look after their well-being, including their emotional, educational and financial needs in the event of your passing.

Without a named guardian, the decision falls to the courts, which may appoint someone whom you wouldn’t have chosen. By proactively selecting a guardian, you can better ensure continuity in the child’s upbringing and prevent potential legal battles among family members that could arise if guardianship were left undecided.

Considerations when choosing a guardian

Selecting a guardian involves more than just choosing a family member or friend. You must consider various factors, such as the individual’s parenting philosophy, lifestyle, age, health, financial stability and existing relationship with your child.

It’s also essential to consider the potential guardian’s willingness to take on this responsibility, as it is a significant commitment. Discussing the decision with the chosen guardian before finalizing it in your estate plan is important, as you may ultimately discover that your “first choice” is not willing and/or able to accept this role.

Once you have made your selection, seeking legal guidance to formalize it in enforceable ways is important. There is far too much at stake in such a decision to “DIY” naming a guardian for your child in the event that something happens to you.

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