As a parent, it is only natural to worry about what will happen to our children after we might we passed away. Understandably, not many people enjoy thinking or talking about this type of topic for obvious reasons: Reality is hard to deal with. This kind of topic becomes even more complicated and, at the same time, necessary if your children are still under the age of 18. If you have a child under 18 years old, it is now, more than ever, to have a Will that names a legal guardian or guardians to take care of them if you suddenly pass away.
Failure to name a legal guardian in your Last Will may result in the court deciding who will care for your children. The downside is that it is not guaranteed that one of the family members, such as your aunts, uncles, or grandparents, will be granted custody of your kids. In short, you leave this vital decision to strangers by not specifying a legal guardian in your last will.
When choosing a guardian in your Will, it is vital that you carefully consider some factors to ensure that the individual that you have chosen is more than capable of providing the best possible care for your offspring.
7 Important Factors to Consider When Naming a Guardian in Your Will
Before we some of the factors to consider before naming a guardian, there are a few things you need to note first. First, you can have more than one guardian in your last will. People do this because the person you initially choose as guardian may not be able to serve in that role, so the alternative guardian will automatically assume the guardianship role.
Also, before you name someone as the guardian, make sure they are informed already. Refrain from assuming they are open to serve as your kid’s guardian.
Now that you know these two things, below are some important factors you need to consider before choosing a guardian for your surviving children should you pass on.
· The person’s age and health status
Before naming someone as your kid’s guardian, you need to know the person’s age and health status. Knowing this is important because you will want someone who can look after your children for many years. We always advise people to opt for individuals above 50 because most of them would have retired; hence they will have time to look after the kids. But then again, the choice is left to you.
· Analyze their parenting style thoroughly
This is another important thing to consider before appointing anyone as your guardian. Usually, you will want someone who shares the same value as you; therefore, you need to take your time and analyze how they talk to their kids, how they punish their kids when they break a rule, etc. Note that this process is not something you can rush; you must take your time before making a decision.
· Relationship with their kids
How someone relates with their kids will tell you everything you need to know about how they will treat yours. If your ideal candidate has a cold relationship with their kids, it’s best to consider another person. After all, they won’t suddenly change because they are your kids. Remember, never ignore any of the red flags.
· Their living situation
Another thing to consider is the living condition of your ideal candidate. Normally, you will want to consider whether the person you choose lives in a safe and appropriate environment for a child.
· How financially sound they are
Another thing you have to consider is how sound they are financially to provide for your child: You will want to consider the guardian’s financial stability and ability to provide for your child’s needs. Plus, you need to check how they manage money; you won’t want your kids to fall into the hands of someone that squanders money.
· Remember to check their availability
As we said earlier, it is dangerous to assume that someone is ready and willing to take on raising your kids. Therefore, you must consult your candidates first and ask for their availability before you even attempt to name them in your will as your guardian.
· Additional legal considerations
This is where a legal practitioner comes in because only some guardians are legal. And when your guardianship is not legally valid, it could cause a series of issues after you might have passed on.
Therefore, before you select anyone as your preferred guardian, it will be wise of you to consult a qualified lawyer specializing in will and estate planning to come and check if the guardianship arrangements are legally valid and binding.
Conclusion
Whether you have a partner, close family members, or even non-traditional caretakers who will assume guardianship of your children after your passing, the most important thing is ensuring that your final wishes are accounted for and respected. Taking the time to deliberate and make a decision that satisfies all parties involved is one of the most important steps in establishing guardianship over minors.
Saanichton Law Group has experienced attorneys who can assist with this matter and provide further guidance. If you’re considering naming a guardian for any minor dependents you have, please take the time to speak with a legal representative at our firm before filing your will. We understand the complexity of understanding guardianship and can help guide you every step of the way. Don’t hesitate– contact our office today!
