Naming a Legal Guardian for Your Minor Children

You’ve just welcomed a new child into your family. This is one of the greatest changes to your life. If you’re like most people, you’ll wake up one night in a cold sweat because you’ve just realized what a huge responsibility it is to protect your child. Possibly the most important step you can take is in naming a legal guardian as part of your estate plan. A legal guardian (guardian of the person) is the person you choose to raise your child if both parents die before the child reaches adulthood. And…if reading about this isn’t scary enough, you should know that if you don’t designate a guardian, the court will do it for you if that time comes. And the person the court names might not necessarily be your next of kin, a spouse, or even someone you know. I suggest you start with the things that matter most to you as a parent. Is there someone who shares your values/beliefs/lifestyle, and your views on parenting and education? Can that person care for a child with love? Are they physically, emotionally, and financially healthy? For some people, it’s an easy and obvious choice. For others, choosing a guardian requires time and careful consideration. You and your spouse or partner should absolutely agree on this choice, and you both should name the same person in your respective documents. Bottom line: don’t leave it up to the court to decide. When you’re ready, I’m ready to help! You’re going to want to work with an experienced estate planning attorney who will make protecting your family’s future her priority. If you would like help with naming legal guardians or for any other estate planning questions, please contact us at 818.956.9200.