Challenges with Naming a Guardian for Minor Children

Many parents fail to complete a will because they struggle with the decision of who to nominate as a guardian. However, failing to put your wishes in writing is detrimental to your whole family. The following are some of the most common concerns and possible solutions when naming a guardian for minor children.

Guardian is Too Old
Grandparents are increasingly popular guardian nominations. But, some parents worry that if they pass away in 10-15 years their parents (the children’s grandparents) will be too old. Do not worry about the age of the guardian in 10-15 years. By that time, you may have a different person to nominate. Also, your children’s’ needs will be significantly different in 10-15 years so an older guardian may be perfectly fine.

Your Family Won’t like Your Choice
Try to disregard the opinions of your family members when nominating a guardian. You understand and appreciate the needs of your children better than anyone else. Explain your choices in your will and don’t get hung up on whether your sister or mother-in-law will agree with your choice.

Your Children Won’t Like Your Choice
If your children are old enough to understand, have a discussion with them about your choice. Teens can nominate their own guardian and judges are generally receptive to their choices. If your kids understand your choice this may help them better decide for themselves.

The Guardian is Bad with Money
A court will appoint a guardian of your children’s person and estate. However, these positions can be filled by different individuals. If you have a trust the trustee can be appointed guardian of your children’s estate and he or she will manage the money for the children’s benefit. However, if you want to name a different individual for the person and estate your wishes should be clear in your will.

Choosing a guardian is a difficult task and usually the hardest part of making a will. We at Burt + Clerc are happy to help you with this important decision.

State Bar of California
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