How To Choses A Guardian For Your Kids If You Were To Die

by Andrew E Tanenbaum What do you want to know? Come ask the experts! A selection of answers to your questions...

by Andrew E Tanenbaum


What do you want to know? Come ask the experts! A selection of answers to your questions will be regularly posted on the site. For instant gratification, click here to see what other questions have already been answered. Something not here that you want to know? Well come on -- ask your question! The question:
What is a guardian? And how do I choose someone to be my child's guardian?

The Estate Planning Attorney answers:
As a parent, you are the natural guardian of your child. You are responsible for the care, education and supervision of your child. If both parents are deceased or unable to care for their children, a guardian must be appointed by the court to take custody of the children and provide for their needs. The only way parents can have a say in the choice of a guardian is by nominating one in a will. If you do not appoint a guardian in your will, the court must decide without the benefit of your opinion, who will do the best job of raising your children.

Who do I choose as guardian?
Choosing a guardian is the hardest part of estate planning. Ask yourself this question: If I am unable, who do I want to raise my child? There are many factors to consider and no one person will be perfect. The following are some thoughts to consider:

  1. How old is the guardian? The guardian must be 18, and should be able to serve until your child is 18. For example, if your youngest child is 3 years old, you need to choose a guardian who can raise him or her for the next 15 years.
  2. Will your children stay together? Most parents will want their children to stay together. The guardian must be physically, financially and emotionally capable of caring for all of your children.
  3. Does the guardian share your value system? Can he or she give your children the same moral and religious upbringing that you would have provided?
  4. Is the guardian willing to serve? The person you are considering may not be willing to accept the responsibility. It is smart to appoint an alternate guardian in the event that your first choice is unable or unwilling to act as guardian.


Who can nominate a guardian?
Laws vary by state, but in California, for example, only the parent(s) of the minor can nominate the guardian. If the parent does not nominate a guardian, then the court will appoint a guardian from the people who have submitted petitions. It is important to remember that a court proceeding is always required to appoint the guardian. Having a will allows you to nominate the person that you want the court to appoint as

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