Establishing Guardianship in a Will

Establishing Guardianship in a Will

You should have a will to name a legal guardian of your child in the event of your death, if you have a child under the age of 18.

One of the best things a parent can do for his or her child is establishing guardianship in a will.

It is essential because if something happens to you, instead of letting the courts decide the legal guardianship of your child, you would surely prefer to choose who assumes legal guardianship of your child.    

While it is not automatic that a court will approve your selection regarding guardianship of a minor,it is highly likely, especially if you take the time to explain your reasoning to the court. 

This last part is especially essential if you don’t want guardianship of your child to go to your ex-spouse. If a child’s other parent survives, custodianship passes to the other parent.

Factors to Consider When Determining on Guardianship of a Child 

Selecting the guardian for your child is an extremely personal decision, but the parents should consider some common factors when coming to this decision. 

The  things to think about include the following :

Personal and Religious Values :

You most likely would suggest that your child is put up  in a manner similar to how you would have raised him or her, which means that the more your chosen guardian’s personal beliefs and goals are in line with yours the better.

Keeping children together :

You must consider this in the choice of guardian and specify as such in your last will, if you have more than one child and are determined to keep them together all of your children , emotionally.

Financial Situation : 

It is a good idea to consider the financial position of a potential guardian when making your decision, while ideally you will have provided financially for your children through estate planning. Some parents select to name someone else other than the chosen guardian to handle a child’s inheritance, this is to stop one person from having control over everything regarding the child, so this may be something else to consider regarding finance.

Special Needs :

You must check, whether your chosen guardian handle the care of your child, both financially and emotionally, if you have a child with special needs.

Age of Potential Guardians : 

Although grandparents are often the first choice for parents in choosing guardians, make sure to consider the age and general health of grandparents when deciding. Will they be able to handle the physical demands of the guardianship of minor, especially if your children are still quite young ?

Location of Potential Guardians : 

At the time of selecting for guardianship you must consider whether your child have to move far away from your home and everyone they know ? How long away other family members and important people in your child’s life will be ? Is there any chance that your child have to change schools ?

After selecting your guardian, it is highly approved that you have a free or direct discussion with the person you would like to select as the guardian of your child to  ensure that he or she is willing and able to take on this recognized role.

Establishing Legal Guardianship in a Last Will

Establishing guardianship in a will can be achieved by adding the information in the document, then it must be properly executed according to state law (signed, witnesses etc.). You may also be intented  in using guardianship forms. The form provide a template for you to include this information in a last will. If you choose a supplementary document you can also include it  explaining your rationale..

If your child’s other parent is still alive, you should esure that he or she also names the same guardian in his or her last will and evidence in the event of both of your deaths.

If you are unable to take on the responsibility of your child for any reason,naming an alternate legal guardian should your first choice.

While it may not be a  pleasant subject to think about, once you have included your choice for child guardianship in your last will, you will have greater peace of mind that after your death your children will be well taken care.

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Team Wazigar

gobardhan.tiit@gmail.com

https://wazigar.in

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