Summary
A guardian is an individual, or group of people, who are legally authorized to make decisions on the behalf of another who is legally incompetent to handle their own affairs.
Who Will Take Care of My Kids if I Can’t?
by Elijah Waugh
Why Would you Appoint a Guardian?
No one wants to think about passing away prematurely. It can be difficult to imagine tragedy striking at any moment. Tragedy never has good timing. It is always best to think ahead and make a plan for the future and the future of your child. By appointing a guardian and utilizing a last will and testament, a parent is able to influence the court’s decision in selecting who will be raising their child if they are unable.
What is a Guardian?
A guardian is an individual, or group of people, who are legally authorized to make decisions on the behalf of another who is legally incompetent to handle their own affairs. This can be a minor child, a child or adult who has special needs, someone who is in late stages of Alzheimer’s/Dementia or has diminished mental capacity. Guardians, similarly to a parent, make decisions for a child. This includes medical choices, who they can spend time with, and where they are going to live and go to school.
Who oversees the Financials?
Guardians will manage the child’s finances (also known as a “conservator”, or “guardian of the estate”). While a court will outline specific guidelines for the child’s resources, a guardian will cover necessities. These necessities include but are not limited to providing education, shelter, food, and clothing.
Who Should I Appoint?
When choosing a guardian, there are many considerations to weigh. It is important to reflect on the kind of lifestyle you would like your child(ren) to have. What values do you want instilled, what are their ages, physical ability, and emotional availability.
Things to Consider When Appointing a Guardian
Considerations mentioned above affect whether you appoint a parent, sibling, uncle, or even someone who you are not directly related to. There are basic legal requirements for being a guardian. A guardian must be eighteen years old and able to financially provide for the child. However, it is of the utmost importance that the individual appointed not only meets these basic requirements, but that you first ask the individual if they are willing to assume this role.
How Do I Appoint a Guardian and Provide for my Child’s Care?
The most common way to protect your child, and give yourself peace of mind, is to designate a guardian within a last will and testament. In addition to making the important designation of a guardian in a will, by creating a trust, you can provide financial security for your child. In a trust, you create a distribution plan designed specifically for their care.
Do I Get the Final Say on Who Will be Their Guardian?
While an individual can make a nomination in a last will and testament, the ultimate decision of will be the guardian of a minor child is decided in probate court. The court weighs the nomination of the deceased parent in consideration with what is in the best interests of the child. So while a formal nomination in a last will and testament is not final, the parents’ wishes help aid the court in their decision.
Please contact us if you have any questions about appointing a guardian/conservator, or creating a will and/or trust. (816) 291-4143
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