5 Important Guardianship Questions to Consider

Making guardianship decisions when creating a will can be extremely difficult. Not only are you obligated to consider what will happen to your children if you die, but you must choose the right person or persons to care for them if you can no longer do so. An appointed guardian has all the legal rights of a parent and is responsible for the welfare of the child entrusted to him. But how do you, as a parent, decide who would be the right person for the job?

While everyone’s decision-making process will be different, and there are certainly a lot of very personal aspects to choosing, there are a few key questions that can help you make the best guardianship decisions for you and your family.

How will my children feel about my choice of guardianship?

When it comes down to it, the decision about who will care for your children is ultimately about making sure they are safe and happy. Part of that is making sure that the people who will be caring for them have their best interests in mind and are capable and responsible parent figures. When choosing candidates for guardianship, you should consider how living with each person or couple will feel to your children. Each child’s happiness will largely rest on the relationship they have with their legal guardian, so if there are people in your life with whom you already share a special bond, they certainly need to be considered.

Is my selected guardian ready for responsibility?

Just as the choice of when to have children in life is different for each individual, a guardianship candidate’s ability to care for their child will depend on a number of factors in their own life. Do they have children of their own? Are they emotionally prepared to take responsibility? Are they healthy enough, both mentally and physically, to take on the day-to-day tasks of caring for a child? Guardianship decisions always have an emotional component, but these practical factors are just as important and can sometimes be difficult to assess. It’s always a good idea to have lengthy conversations with potential guardians to make sure they understand the responsibility and are equally committed to your decision.

Will my children live together?

Many parents would prefer that their children live and grow up together. If that is your intention, it is important to make that clear in your will. If for any reason your selected guardian is unable to comply with your request, the courts may be left with the responsibility of appointing a substitute guardian and, if it is not expressly stated that the children are to remain together, they may be separated.

Is your selected tutor financially prepared?

Caring for children is expensive, and while you should take steps during estate planning to ensure they are accounted for financially, it’s also important to consider the financial situation of any potential guardians.

Do you want to appoint co-guardians?

Finally, many parents want their children to be cared for in a two-parent home. Again, if this is your wish, make sure both people are named in your will. Also make sure that any guardianship decisions are reflected in the will of the child’s other parent to avoid future complications. To further avoid any potential difficulties in establishing guardianship, it is always a good idea to consult an attorney who specializes in estate planning and fiduciary matters.