Deciding who to choose as a qualified guardian for your child is one of the most difficult things any client ever has to do. For many, they can't do the rest of their estate planning until they resolve this issue. That leads into the planning not getting done. Here are a few suggestions and tips for choosing a guardian for your child.
1. Family is not a requirement. You do not have to name family members. You can choose anyone you wish.
2. No matter who the guardian is make sure that the rest of the family members will have access to the child. This should include appropriate traveling to meet with relatives who may not be local. It is important that the guardian understand, from the nomination document, that you expect this. It is not uncommon for the guardian to not like all sides of the family but they must think of the child first and be able to put aside their differences for the child's best interest.
3. Have backups. Sometimes the person that we are counting on to be the guardian has some drama in their life at the time they are needed. Life Happens. make sure that you have enough people on your list, so someone you trust will be appointed guardian of your child.
4. You may want to consider only nominating individuals instead of couples. What if the relationship doesn't work out? You don't want your child to become apart of their custody battle.
5. Make good use of contingencies. Instead of nominating a husband and wife, if you want a couple to raise your child, use a contingency. For example you can nominate Katie as guardian of your child, but only if she is married to Bob. You can also use a contingency for the location, such as "Katie, as long as she lives in Ocala, Florida." Or perhaps you want to broaden that area to be Central Florida. If Katy then moved to Georgia she would no longer be an acceptable guardian.
If you are having any questions with your Will, Trust, or Estate Planning call our office and let us guide you in the right direction. Let our office help lower the stress in these difficult times.
The Law Office of Samuel P. Bennett
(352) 221-0971
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