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Name a guardian for your minor children now.

Do It Now: Name a Guardian for Your Minor Children

We know it is difficult, even horrific, to imagine someone else raising your children. However,

you must consider who you would choose to fill this very important role. Otherwise, a judge—a

stranger who does not know you or your wishes, your child, or your relatives and friends—will

determine who raises your children if something happens to you. Your

children’s guardian could wind up being a relative you do not get along with or, less commonly,

a stranger you have never met.

No one will ever be you or parent exactly like you. More than likely, however, someone you

know could do a decent job providing for your children’s general welfare, education, and

medical needs if you can no longer do so. Parents with minor children must name someone to

raise their children in the event both parents die or are otherwise unable to care for them before

the children become adults. While the likelihood of you and the children’s other parent both

passing away or becoming unable to parent your children is slim, the consequences of not

naming a guardian can be severe and are well worth contemplating and addressing.

If no guardian is nominated within your will or separate writing, a judge will decide who raises

your child. Anyone can ask to be considered, and the judge will select the person they deem

most appropriate. Families tend to fight over the custody of children when a loved one dies,

especially if money is involved. On the other hand, if you name a guardian, the judge will likely

support your choice as long as the individual you select is willing and able to take on the

responsibility of raising your children.

How to Choose a Guardian

Your children’s guardian can be any individual you feel comfortable with, whether they are a

relative or friend. Here are the factors our clients have considered when selecting guardians

(and backup guardians).

● How well the children and potential guardian know one another and whether they enjoy

spending time together

● Parenting style, moral values, educational level, health practices, and religious or

spiritual beliefs

● Where the guardian lives; if it is far away, your children would have to move from a

familiar school, friends, and neighborhood to a new and unfamiliar location

● The age and health of the guardian-candidates:

○ Grandparents may have the time but not the energy to keep up with a toddler or

teenager.

○ An older guardian may become ill or pass away before a child is grown, so your

child could potentially face the loss of an additional parental figure.

○ A younger guardian, especially a sibling, may be too focused on establishing

their own lives, especially if they are finishing college or starting a career.

WARNING: Serving as guardian and raising your children is a big deal; do not spring this

responsibility on anyone without speaking with them about your expectations and ensuring they

are willing and prepared. Ask your top candidates if they would be willing to serve, and ensure

you name at least two alternates if your first choice cannot serve.

Who Is in Charge of the Money?

Raising your children should not be a financial burden for the guardian, and a candidate’s lack

of finances should not be the deciding factor. Ideally, you can provide enough money (from your

accounts, property, and life insurance) to provide for your children after you pass away. Some

parents also earmark funds to help the guardian buy a larger car or house or build an addition

onto their existing home so there is plenty of room for taking on the responsibility and

addressing the needs of extra children.

Additional Factors to Consider When Deciding Who Manages the Children’s Money

● In some circumstances, naming a person separate from the guardian to manage your

children’s inheritance may be a good idea. That person would fill the role of your

successor trustee and manage the money and property set aside for the children in a

trust designed for them. The guardian would be responsible for the day-to-day raising of

the children.

● Under appropriate circumstances, having the same person raise the children and handle

the money can simplify things because the guardian would not have to ask someone

else to make distributions for the children's benefit.

● In some situations, the best person to raise the children may not be the best person to

handle the money, and it may be tempting for them to use this money for their own

purposes. So, dividing the responsibilities may be particularly beneficial and avoid the

misuse of any money you leave for your children’s benefit.

Let’s Continue This Conversation

We know thinking about death or your potential inability to care for your child is not easy, but

Do not let that stop you from creating a proactive plan to address the unexpected. We are happy

To talk this difficult topic through with you and legally document your wishes so that they are

enforceable at your death. Understand that you are not bound to your initial selection and can

change your mind and select a different guardian at any time. The chances of actually needing

the guardian to step in are usually slim (we always hope this is the one nomination that is never

needed). However, your job as a parent is to provide for and protect your children, so begin

planning by calling our office at 352-377-6600 for an appointment.

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