Guardians are appointed to minor children for many different reasons. As a parent, you can appoint a legal guardian for your own children in the event you are unable to raise them yourself. Designating a legal guardian for your minor children is a good way to address the uncertainty in life. The best way to designate a legal guardian for your minor children is to include it as part of your will.
The individual you choose to appoint as the legal guardian of your children should be someone you trust and someone you feel has your children’s best interests at heart. If appointing a guardian as part of your will, you may add a clause that states your designated guardian is to raise your children in the event you pass away or become incapacitated.
If you have several children, you may choose to appoint a different guardian for every child. Your attorney may suggest that you name one person as the guardian and someone else as the alternate guardian in the event they are unable or unwilling to care for your children. If you choose to name an individual who is married as the guardian of your children, you may be advised to include their spouse as guardian as well. By doing so, they both may have the power to make legal decisions for your child.
There are many important factors to consider when designating a guardian for your minor children. Your appointed guardian should have the time, resources and ability to take on the responsibility. They should also have a genuine interest in being your child’s guardian. Other than determining who can care for your children, you may want to consider who should care for your children. Individuals with similar morals and beliefs as you have may be the best fit.
As with most elements of a will, designating a guardian for your minor children is a very important and complex aspect of estate planning. With the help of an attorney, the process may be easier, and you may be able to draft a comprehensive and effective will.