Guardianship of Minor Children in Estate Planning: What You Need to Know
One of the most important considerations in estate planning for parents with minor children is appointing a guardian for their children in case of their untimely death or incapacity. A guardian is a person who is legally responsible for the care and well-being of a child, including providing for their basic needs and making important decisions on their behalf. Here’s what you need to know about guardianship of minor children in estate planning:
Why is Appointing a Guardian Important?
If you have minor children and do not appoint a guardian in your estate plan, the court will be left to decide who will take care of your children if something happens to you. This can be a stressful and uncertain situation for your children and family members. By appointing a guardian, you can ensure that your children will be cared for by someone you trust and who shares your values and parenting style.
How Do I Appoint a Guardian?
To appoint a guardian for your minor children, you will need to include this in your estate planning documents. This can be done in your Will or through a separate document called a “standalone guardian nomination.” In either case, you will need to choose someone you trust to act as your children’s guardian and specify this person in the document. It’s important to have a conversation with the person you are considering before making the appointment to ensure they are willing and able to take on the responsibility.
What Factors Should I Consider When Choosing a Guardian?
Choosing a guardian for your children is a personal decision that depends on your unique circumstances and values. Some factors to consider when choosing a guardian include:
Relationship with the child: The guardian should have a positive and meaningful relationship with your child.
Parenting style and values: The guardian’s parenting style and values should align with yours.
Age and health: The guardian should be physically and mentally capable of caring for your child until they reach adulthood.
Geographic location: The guardian’s location should be considered in case of any impact on the child’s schooling or familiar surroundings.
Financial ability: While the guardian is not expected to provide for your child financially, you may want to consider their ability to provide for the child’s basic needs.
Appointing a guardian for your minor children is an important part of estate planning. By choosing someone you trust to care for your children in case of your untimely death or incapacity, you can ensure that your children will be provided for and protected.
If you have minor children and are in need of an estate plan, contact our West Virginia estate planning attorney, Brianna W. McCardle, for a free initial consultation.
