Your children are always top of mind. But have you considered their futures in the case of your untimely death? At Ruggiero Law Offices, our compassionate and trusting estate planning professionals know how challenging it is to think of such a future, but with the right decisions established in advance, you're providing even more security that, hopefully, will never be needed. For example, naming a guardian in your will provides peace of mind that your minor children are cared for properly, instead of becoming wards of the state.
The Role of Minor Child Guardianship
The guardian is legally responsible for your children’s well-being while they're under 18, overseeing their shelter, education, finances, and medical care. If you haven't selected a guardian for your minor children, here are three key considerations.
1. Don't Wait
Dying without a will puts the lives of your minor children into the hands of the court. It appoints a legal guardian for your children—and that decision will ultimately fall to strangers who don't know you, your parenting preferences, or your children's needs.
2. Choose Well
Any appointed guardian must be above the age of 18 and of sound mind. However, meeting those two requirements doesn't make someone the ideal choice to raise your children. Additionally, you should shy away from naming elderly relatives as guardians unless you also appoint a backup guardian.
Also, consider the following before appointing a guardian:
- Religious preferences
- Location
- Financials
- Age
- Emotional stability
3. Be Open to Changing Your Mind
Your guardianship decision isn't set in stone. Changing the name of the guardian in your will is simple, and you can change it multiple times according to fluctuations in your family and other relationships. Once you make the initial decision and clear it with the guardian in question, make sure to revisit your choice frequently to ensure you have selected the current and correct option for your family.
That said, it's important to seek the guidance of an experienced estate planning lawyer when making any plans for guardianship. Since 1990, Ruggiero Law Offices has helped families like yours protect what matters most. Led by James "Jim" Ruggiero, Jr., Esq., and supported by a skilled team of attorneys and legal professionals, our firm brings practical, common-sense solutions to estate planning. We help you make the right plans to have confidence in the well-being of your family.