Planning for the welfare of your children may be at the forefront of your mind in the midst of the present COVID-19 pandemic and volatility of this world. The decision you have been putting off may feel more pressing than ever. Specifically, who would care for your minor children if you and a co-parent become unavailable? Now is a vital time to carefully consider your intentions and document them in writing with an estate plan.

A few points to consider:

Consider naming separate individuals

Legally, stand-ins for parents fall into two separate roles. A guardian of a minor is responsible for making any legal and medical decisions on behalf of the minor, and generally is the person who cares for and raises a child on a day-to-day basis. A guardian of the estate is responsible for managing assets and financial affairs on behalf of a minor (or otherwise incapacitated person). Both are nominated in your Will or separate document referred to as a Declaration of Guardianship and you may consider naming separate individuals for each of these roles.

It may be easier to narrow down individuals who would be well-suited for each role separately based on their respective strengths and other various determining factors. Delegating these roles separately may also place less of a burden on each individual you name. Also, separating these roles can provide checks and balances between them.

Think about alternatives

As you plan for the possibility that you could become unavailable to care for your children, consider also that your first choice for guardian could become unavailable too. If you are fortunate enough to have multiple people in your life whom you would feel comfortable entrusting with your children, you may name them as successors or alternates in your legal documents.

It’s also worth considering circumstances under which you may not want your first choice candidate to serve in the role you’ve nominated them for. For example, if you are naming your sibling and his or her spouse as guardians for your minor children, would you want your in-law serving as sole guardian in the event of your sibling’s death, or would you prefer that another individual or couple step into the role? Be explicit about any pertinent contingencies in your documents.

Get in step with your co-parent

If you presently share custody with another person, it’s important that you get on the same page. In the event that all custodians are unavailable, conflicting appointments of a guardian will likely require court intervention.

Carefully consider your choice of guardian

Selecting the right person to name as guardian of your children is no easy task. After all, nobody can ever fill your shoes as parent and raise your children exactly as you would.  Ideally, you have someone in your life who shares your values, and a similar parenting style and morals. Your ideal candidate will likely be financially stable with no major medical concerns. Geographic location may be an important factor as well.

Don’t forget to consider whether your ideal candidate is even willing to accept the responsibility of serving as guardian. Does he or she already have or want a family, or are they childless by choice?  Age and life expectancy should factor in as well. For example, while you may trust your own parents more than anyone else to raise your children, they are more likely to face physical limitations, medical issues, and possible mental deterioration over time, making them less than ideal candidates.

Consult an estate planning attorney

Your estate planning attorney will prepare or update a Will and/or Guardianship Declaration, if appropriate, that accurately reflects your intentions, is legally enforceable, and compliments the rest of your estate plan. If you are struggling in your decision making, an estate planner may also help you weigh your options.

If you have any estate planning questions, Weldy Law, PLLC is here to help, contact our office to schedule a consultation.

The above blog is for informational purposes only and is not legal advice nor does any information or communication with this website create an attorney-client relationship.