Making It Legal

The good news is that nominating a guardian is a simple process. In essence, you must incorporate specific language in your last will and testament nominating a primary guardian and at least one backup. The more difficult part is choosing who to nominate.

A Strategic Approach to Selection

Selecting a guardian can be broken down into three easy steps:

PAY ATTENTION TO YOUR INSTINCTS. Start with your gut. If you had just two minutes to decide who would raise your child, who would come to mind? Write down two or three names, without overthinking it. Your initial instincts often point you toward people who already have your trust and share your values. They will form the foundation of your final decision.

DEFINE WHAT MATTERS MOST. Move beyond your instincts to intentional evaluation by creating a list of qualities that you would most like to see in a prospective guardian. Here are some suggestions:

• Parenting Philosophy: Do they share your approach to discipline, education, and child development?
• Core Values: Will they instill your core principles and beliefs?
• Stability: Can they provide a consistent, secure environment?
• Geography: Would your children need to move away from familiar surroundings?
• Family Dynamics: How well would your children acclimate to the guardian’s family structure?
• Age and Health: Are they likely to be able to care for your children through adulthood?
• Financial Stability: Does your prospective guardian manage money well?
• Emotional Capacity: Do they have the bandwidth to take on this new, profound responsibility?

WEIGH YOUR PRIORITIES. Not all factors carry equal weight. Keeping your child in the same school and with the same friends might outweigh having perfectly aligned parenting styles. Maybe preserving certain religious traditions takes precedence over geographic convenience.

Whatever the situation, remember to consider practical realities alongside emotional ones. The brother or sister who adores your children might not be the best choice if they are already overwhelmed with their own responsibilities. Similarly, the family friend with admirable values might need to be avoided if they live four states away and your teen would probably resist being suddenly uprooted.

To help you list and weigh your priorities, try using a SPREADSHEET made for this purpose. You can download and customize it at no charge.

Moving Forward With Confidence

Once you have identified your top choices, it’s time to have honest conversations with these individuals. You should ensure they are willing and able to take on this important responsibility if the need arises. Discuss your expectations, your child’s needs and any financial provisions in place. These conversations, if awkward, can strengthen relationships and provide clarity for everyone involved.

After deciding and discussing your decisions, consult a qualified estate planning attorney to ensure that your guardianship designations are correctly included in your last will and testament.

Finding Peace in Preparation

No parent wants to imagine not being there for a child. Hopefully, this never happens. If it ever does, your child will thank you for planning ahead. By thoughtfully nominating a guardian within your estate plan, you help ensure that even in your absence your love, values, and daily care will continue to protect and guide them.

Trust your instincts, rank your priorities, evaluate your options, and make this crucial decision. Contact Attorney Tyson Cain to get started.