07/20/2018










Six Considerations: Choosing a Legal Guardian for your Minor Children

guardianshipFor the parents of minor children, one of the most important aspects of your will is naming a legal guardian for your kids in the event that you and your spouse are no longer able to care for them. While it can be extremely difficult to choose who will raise your children in an emergency, you do not want to leave the decision up to the courts.

Below, we’ve listed six important considerations for parents who are choosing their children’s legal guardians.

  • Does the guardian share your values? Even if you have a guardian in mind who is loving and eager to help, it may be a deal-breaker if they do not share your religious background, cultural background, or your basic values. Speak with your potential guardian about their values and whether they would be willing to raise your children according to your wishes.
  • Will the guardian have the financial means to care for your children? If you do not have a plan to furnish your guardian with an appropriate amount of money to raise your children, you will have to consider your guardian’s financial situation. Do they already have children? Are they financially secure? Would your contributions be enough to ease the financial burden of expanding their family?
  • How big will the transition be for your children? Whoever is chosen as the guardian is not the only important factor. You should also consider whether your children will have to move states and school systems. Choosing a guardian in your town or community, even if it is not a close relative, may be easier on your kids than choosing a guardian across the country, away from familiar faces, and away from friends and activities.
  • How old is the guardian? Many parents automatically wish to list their own parents as legal guardians. However, they may not be taking the age and health of their parents into account. If your parents are 65 years old when your children are toddlers, your kids might have to transition through several different homes and caregivers before they turn 18.
  • Is your guardian already a parent? It may be a bonus to know that your guardian has experience raising children and being a parent. It may also be a bonus if your guardian has children that are close with your children. However, you should also ask yourself if your guardian will be able to care for your children in addition to theirs, or if your children’s interests may clash or compete with your guardian’s children’s interests.
  • Do the guardian and your children have a strong relationship? This may be one of the biggest and most important considerations. Simply ask yourself if both the guardian and your children would be happy and healthy living and growing together. This one consideration could outweigh a number of the others.

Choosing a legal guardian for your children is a tough and complicated decision, but it is an extremely important one to make. While you may not be able to care for your children after you are gone, you do have the power to make sure they are raised by someone you love, trust, and admire.

Designate a Legal Guardian in Your Will Today

Are you ready to draw up your will and establish a legal guardian for your minor children? The Law Offices of Andrew M. Lamkin are here to help. Call a New York estate plan attorney today to get started: (516) 605-0625 or fill out our online contact form.



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