If you are a parent with young children, it is imperative to name a Guardian to care for your children in the event that you and your spouse pass away. The consideration that your children may grow up without you can be heart-breaking, but don’t let that be a deterrent to choosing a Guardian during the estate planning process.

Consider Your Options

First, you and your spouse should make a list of all possible Guardians. This should include all adults in your family and possibly friends of the family. Be careful when listing older siblings if they have not yet reached adulthood.

Make a Decision

Once your list of Guardians is complete, you can begin to cross off names. Decide what attributes of a Guardian are most important to you. Do you prefer that it be a married couple, or are you fine with an unmarried Guardian? Do you wish to keep your children in the same city or town where they grew up? Is it important that your chosen caregiver practice the same religion as you?

Use all of your preferences to narrow your list down to two or three choices. Your second and third choices can be listed as back-up Guardians in the event that your first choice is unavailable.

Advise Family Members

Speak with your children and other family member’s about your Guardian choice. This may help to alleviate custody battles after your passing. You may also want to leave a written letter advising your reasons for your Guardian choice.

Put It in Writing

Finally, you must put your Guardian choice into your Last Will and Testament or your Revocable Living Trust. If you do not, the matter of your children’s Guardian will be decided by a judge after your passing. Even worse, it may result in a fight among well meaning surviving relatives, like grandparents, siblings, and inlaws fighting to determine who gets custody of your children.

Anti-Guardian Declaration

Something else that you may consider is executing an affirmative declaration as to a specific person that do not under any circumstance want to serve as guardian of your children. Such a document need not become public record or even be disclosed at all unless that person attempts to become your children’s guardian, at which point such a document would provide persuasive testimony to a court that you specifically do not want that person to serve.

Tags: Estate Planning, Guardianship, Parents with Young Children