Why Choosing a Guardian is Important.


If you are a parent of minor children, you need a will!

Although parents often have their children baptized and assign godparents, legally, those godparents cannot be your child(ren)’s guardian if something happens to you or the other parent.

Only one Parent Dies

If only one parent dies, the surviving spouse or parent will generally be selected to be the guardian of the child(ren). Usually courts favor biological parents as the guardian unless the surviving parent is unfit or incapable of doing so.

If Both Parents Die

If the parents nominate a guardian in their will or in a separate document, the court will take this under consideration and give great weight to the deceased parents nomination. A nomination in Durable Powers of Attorney serve the same purpose in cases where the parents become so disabled that they cannot care for the children.

However, if the parents die without leaving a written nomination of guardian for their minor children, then any interested party/family member may petition the court to be named guardian. Close family members will usually be given preference.If no one “steps up” and petitions the court, the Public Guardian will take charge of the children. Children over 14 years of age may testify before the court as to their preferences for a guardian if there is a contest between to family members competing for the guardianship.

E-mail us at carmenrosaslaw@gmail.com to receive a free copy of our “12 Tips to Help Select a Guardian” or “Guidelines for Guardians“.

And as always, if your estate exceeds $150,000 it is always best to create a comprehensive estate plan!
This entry was posted in Children, Estate Planning, Family, Future, Goals and tagged , , , , , . Bookmark the permalink.

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