Planning for your kid’s future can be exciting, from decorating their nursery to saving for their college education. However, some aspects of future planning can be stressful and emotionally challenging. This includes creating a contingency plan in case of an unfortunate event that leaves you unable to care for your kids. If you’ve already created a will, you also need to choose a legal guardian of your minor child(ren) or a child of any age with special needs to ensure they are well taken care of. Even thinking of this process can cause anxiety and stress for most people, but it is a necessary step for their kids' well-being and protection.
We asked estate planning attorneys to share tips on choosing a guardian for children. Here's what they had to say.
Two Types of Legal Guardians
The first thing you need to know is that you’ll need two types of legal guardians: one who is responsible for raising your child and the other who takes care of their estate and finances. Ideally, you should choose a person who is able to take care of your child’s basic needs and can look after their finances. This makes the process a lot simpler.
Otherwise, you’ll have to choose two separate people which requires more effort.
The person who needs to take care of your child should be able to:
- raise the child
- provide food, shelter clothing
- make day-to-day and major life decisions for your child involving medical care, education, finances, etc.
Consider Their Age
Age is an important aspect to consider when choosing a guardian for your child. Will they be fit to take care of your kids until they have entered adulthood? You also need to consider who your children would feel most comfortable with. For example, if they are young, they will prefer to be with their grandparents to get love and care. But when they are in their teens, they may want to live with an uncle, aunt, or family friend who better understands them.
Discuss Values, Religious Beliefs, and Political Leanings
Values and religious beliefs play an essential role in your child’s upbringing, so make sure you learn about them before choosing a legal guardian. If the other person’s values, beliefs, and political leanings align with you, your child will be raised as you would like. This consistency also eliminates confusion for your children. Although these topics are sensitive, make sure you discuss them openly with potential guardians to avoid any issues later.
Consider Financial Stability
Even if you’re leaving a significant estate for your kids, you need to consider financial stability when choosing a guardian. Raising kids increases the guardian’s living costs. Make sure you see if the guardian can handle the additional expenses.
Consider Location and Living Situation
The location and living situation of the guardian impacts a major part of your children’s life. You have to consider the pros and cons of each situation, whether the guardian lives in a family-friendly town or there will be a move involved in the future. Would your children live far away from their family and friends? Is the new location safe, has good schools/colleges, and other necessities? If the legal guardian lives in a different state, you need to know the local laws and restrictions that can affect your children’s life in the future.
For example, state laws in Oklahoma and Florida require out-of-state guardians to be related to children. Other state laws require an in-state agent to receive legal paperwork in the name of the guardian.
Evaluate Parenting Skills
While the financial stability, age, and health of the potential guardian are crucial, you should also consider their parenting skills and consent. What if they are financially stable and live in a great home but don't want to raise kids? The right person doesn’t necessarily have to be a relative or close friend, you can explore other options too. It’s better to choose someone who has prior experience with kids and looks after them like a parent. they should have compassion, be responsible and loving.
Consider Their Physical and Mental Health
Raising a child can be mentally, physically, and emotionally draining. A guardian should be physically and mentally fit to look after the day-to-day needs of your children while keeping up with the challenges. Similarly, they should be caring and nurturing so your children can get along with them.
You should make sure the guardian doesn’t have any prior convictions or family offenses like child abuse, abandonment, and neglect, or any history of mental health issues that can jeopardize your child’s safety and upbringing.
If you have any more questions regarding choosing a guardian or need help with legal matters, get in touch with the estate planning attorneys at Bourassa Law Group. It’s a law firm offering various legal services in Nevada, Arizona, and Colorado. They will assist you in each aspect of your estate planning and guardianship. Visit their website for details.
