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What is a Legal Guardian and How Can I Choose One When Creating a Will?
When planning your estate or writing a Will, one of the special considerations is how your children will be taken care of if anything happens to you. The process entails choosing a legal guardian, also called a personal or custodial guardian. A legally appointed guardian has the legal authority and responsibility to care for a minor.
The duties of a guardian are similar to yours as a parent. So, in choosing a guardian for your children, you and your spouse must consider your options carefully. You want to ensure that your children will be well taken care of and protected if you die or become incapacitated. Skilled estate planning attorneys in Pennsylvania can provide legal counsel on guardianship provisions.
What Factors Should I Consider When Appointing a Legal Guardian for My Children?
The thought that something can happen that would make you unable to care for your child can be scary, and choosing a guardian may not be easy. However, child protection planning lawyers in Pennsylvania recommend making the plan as early as possible, no matter how healthy or young you are. Unexpected accidents and incidents can happen when you least expect them.
When deciding who to appoint as your children’s legal guardian, here are essential considerations to make:
Is the Person Willing to Become Your Children’s Legal Guardian?
Before asking someone to be your child’s legal guardian, ask yourself if they would agree to it out of obligation or because they would want to take up the role. Don’t just assume that someone would be willing to take up the responsibility, no matter how perfect you think they would be for the position.
Consider if they want to look after all your children, as it would be better not to separate them. You could also check if they would be willing to take in the pets because losing them could create emotional turmoil for your children. Alternatively, you can look for someone willing to take the pets and one who would be willing to let your kids visit them.
Parenting Skills
The person you choose as a guardian should have good parenting skills and share your values. If they don’t have children, consider how they interact with children or generally talk about them. Choosing a guardian with training and experience in child welfare, child education, or child psychology could be an added advantage.
Additionally, you want to choose someone with the same moral, ethical, or religious beliefs as you to raise your children. If someone is a good candidate and you trust them to keep their word as your children’s legal custodian, you could work out an arrangement in writing.
Current Location and Living Situation
When a child loses their parent, they’re already having a hard time, and the least you want to do is destabilize them further. If you name a guardian who lives in a different country or location, you may want to ask them if they would be willing to relocate to join your children.
This is challenging for many people, so you should consult skilled child protection planning attorneys in Pennsylvania for a transition plan. Meanwhile, appoint an interim or backup guardian who can stay with the children until the process is complete, which can take a while.
Age of the Guardian
Grandparents are often the first choice for parents when choosing guardians for their children. However, it would be wise to consider grandparents’ age and general health when deciding. Will they be able to keep up with the general needs of the children, especially if they are still very young?
Will the Court Approve the Guardian?
Establishing legal guardianship is a process that involves the courts. Courts can refuse your appointed guardianship based on the fact that courts require the guardian to:
- Be a legal adult
- Have the time to raise the children
- Have the income to raise the children, whether on their own or from the finances you leave behind for your child’s care.
- Have the physical capability to parent the children
These requirements may sometimes have gray areas. Child protection planning lawyers in Pennsylvania can help you write a letter explaining how you chose your children’s guardian.
What Happens if I Die Without Naming a Guardian for My Minor Children in My Will?
If you die without establishing legal guardianship for your children, the court will determine who takes over the care and protection of your children. Judges can decide on one of the following two ways:
- Someone volunteers to care for the child. In that case, the court will evaluate if the arrangement is acceptable.
- The court appoints a family member agreeable to becoming the minor’s guardian. The default is often to the surviving parent, but there can be exceptions.
The court may also consider the child’s preference depending on their age and level of maturity. Unlike other states, Pennsylvania doesn’t have a minimum age at which courts can consult a child about who they would like to live with. So, judges will consider other factors when appointing a suitable legal guardian for them.
Establish Legal Guardianship for Your Children with the Help of an Estate Planning Lawyer
While it may not be a pleasant subject to talk about, appointing a legal guardian for your children is crucial. You will have peace of mind knowing that your children will be in safe hands in the event of your death. You can establish guardianship by including this information in your Will and correctly executing it according to state laws with the help of estate planning lawyers in Pennsylvania.
Child protection planning attorneys at the Peak Legal Group, LTD, can walk this journey with you. We believe in helping families plan their estate today for a better tomorrow. If you have questions regarding establishing guardianship, we can answer your questions and help you plan accordingly. Call us at (610) 989-7064 to schedule a FREE consultation.
