No one likes to consider even a remote possibility of tragedy. Nevertheless, it’s absolutely critical to designate a guardian for your children. By assigning a guardian, you’re ensuring that your loved ones will be in a safe and nurturing environment with someone you trust should something happen to you. Take time now to consult a knowledgeable estate planning attorney about why your whole family will have better peace of mind with guardianship established.
Benefits of Designating a Guardian for Your Children
If you die or become incapacitated without assigning a guardian for your minor children, the courts dictate who cares for your children, which can cause extensive and unnecessary pain and conflict to your loved ones. There’s also no guarantee that all your children will stay together as a family.
Appointing a legal guardian assures that if the worst were to happen, you’ve entrusted your children’s care to someone who will make the right decisions on their behalf. Here are some other ways guardianship protects your children.
- Provide financial security. As part of your overall estate planning strategy, your attorney may recommend other vehicles, such as wills and trusts, to provide a sound foundation of financial care that their guardian oversees.
- Protect their legal rights. This includes during court proceedings, managing inheritance, and other issues.
- Ensure their wellbeing. If you’re no longer able to care for your children, a guardian is responsible for supporting their health, providing support and guidance, guaranteeing their continuing education, and other decisions vital to their upbringing.
Working With a Florida Estate Planning Lawyer to Establish Guardianship for Minor Children
It’s not often you’ll hear us say something like this, but we certainly hope you’ll never need this component of your estate plan. Nevertheless, better to have it and not use it than for something catastrophic to happen and your family isn’t protected. So here are some action steps.
Decide on Guardian
This may take a little time, as you’ll need to have honest conversations with a few select people about taking on this responsibility. Don’t assume anything: make your feelings known and also listen carefully to all of their concerns so everyone is in complete understanding. Also keep in mind the ages of your children and the circumstances of your potential guardians, such as aging, retirement, career paths, location, and so on.
Consult Potential Attorneys
Research is an essential part of this process. Find estate planning lawyers who specialize in guardianship law, and arrange for an initial consultation. You want this partnership to be trustworthy and comfortable, because you’ll need to be prepared to discuss your wishes for your children’s future.
Outline the Specifics
Once you’ve decided to move forward, your lawyer will ask for more details about the proposed guardian(s), including contact information, financial information, and any other relevant points. They may also need copies of any end-of-life planning documents that you’ve already prepared.
Draft and Approve Guardianship Documents
Your legal team will draft the necessary documents to define the guardianship arrangement, which include that agreement, along with perhaps a power of attorney, a will, trust guidelines, and other recommendations. Generally, you nominate a legal guardian for your children in your will (or a pour-over will if you’re utilizing a trust based estate plan). Once complete, you and your appointed guardians will meet with the attorney to review everything.
Ensure Legal Compliance
The attorney also files the guardianship documents with the court to ensure they’re legally binding.As your family grows, you’ll likely have to update designated guardian agreements periodically. But with a dedicated attorney by your side, you can rest assured that they’re invested in your future.