How do I choose a guardian for my children?


Choosing a guardian for your children is one of the most important decisions you can make as a parent. Here are some steps to help you select the best guardian for your children:

  1. Consider Values and Parenting Style: Think about your own values, beliefs, and parenting style, and look for guardians who share similar values. Consider how they raise their own children (if they have any) and whether their parenting style aligns with yours.

  2. Evaluate Relationship with Potential Guardians: Assess the relationship between your children and potential guardians. Choose someone who has a strong bond with your children and who understands their needs, interests, and personalities.

  3. Assess Stability and Lifestyle: Look for guardians who lead stable lives and have the emotional, financial, and physical capacity to care for your children. Consider factors such as their financial situation, living arrangements, employment stability, health, and age.

  4. Consider Geographic Location: Consider the geographic location of potential guardians and how it may impact your children's lives. Think about factors such as proximity to extended family, schools, healthcare facilities, and community support networks. Note that people who live outside of the United States are unlikely to be granted a guardianship because courts will lose jurisdiction to check on the children. If you want to select someone who lives outside of the United States, be sure to advise your attorney so that language can be drafted accordingly.

  5. Nominate Backup Guardians: In case your primary guardians are unable to fulfill their responsibilities, nominate backup guardians as well.

  6. Review and Update Regularly: Review your choice of guardians periodically and update your estate planning documents as needed. Circumstances may change over time, so it's essential to ensure that your guardianship arrangements remain current and reflect your wishes. Your job is solely to pick the right person for the job today.

  7. Involve Children (if appropriate): Depending on their age and maturity level, involve your children in the decision-making process. Consider their preferences and feelings about potential guardians, although the final decision should ultimately rest with you as the parent.

  8. You do NOT need to inform the potential guardian of your nomination. You can, but you do not need to. Some people prefer not to say anything because they may change their minds. Some people want to make sure their nominated guardians are okay with it. That part is also up to you!

Contact me for a complimentary consultation to start drafting your documents — including guardianship nominations.

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