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How Do I Choose a Guardian for My Minor Children?

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March 10, 2025 •  Emily Hicks Law, PLLC
When choosing a guardian for your minor children, there are many important factors to consider. The guardian you select will play a pivotal role in your children's upbringing. Here are some practical pointers to help guide your decision.

When choosing a guardian for your minor children, there are many important factors to consider. The guardian you select will play a pivotal role in your children's upbringing, and you want to make sure they’re someone who can provide them with the best care, love, and support. Here are some practical pointers to help guide your decision:

1. Select Guardians Who Share Your Faith, Values, and Life Priorities

  • It’s important to choose a guardian who aligns with your beliefs, values, and priorities in life. This ensures consistency in how your children are raised and will help them stay true to the principles that are most important to you, even after you're gone.
  • Additionally, selecting someone who already has a positive relationship with your children helps foster emotional stability and minimizes disruption.

2. Consider the Risk of Divorce or Death in Married Guardians

  • If you select a married family member as a guardian, consider appointing the family member individually, rather than as a couple. This helps to address situations where the couple divorces or if one of the guardians predeceases you. By naming the individual specifically, you ensure that there’s a clear plan in place for your children's care, regardless of changes in the marital status or family circumstances.

3. Ensure Compensation or Provision for Guardians’ Expenses

  • It’s crucial to plan for how your children’s care will be funded. Guardians should be compensated for the financial and emotional responsibility they’re taking on. Make sure your estate planning includes provisions to provide for the guardians, or at the very least, that an inheritance is available to cover legitimate expenses related to raising your children, such as education, healthcare, and living costs.
  • This can help prevent financial strain on the guardian and ensure your children’s well-being is supported.

4. Obtain Permission from the Selected Guardians Before Appointing Them

  • Before finalizing your decision, make sure to discuss your choice with the potential guardians. They should be fully aware of the responsibility and commitment involved and should feel prepared and willing to take on this important role.
  • It’s crucial to get their consent in advance, as this ensures there’s no confusion or resentment down the line. It also gives the guardians the chance to discuss any concerns or limitations they might have.

Additional Considerations:

  • Location and Proximity: Consider the guardian’s location. You may want to select someone who lives nearby or in a location that can support your children's social connections, schooling, and other lifestyle aspects.
  • Financial Stability: Choose someone who is financially responsible enough to raise your children without struggling. Guardians should be able to manage the responsibilities of providing for your children’s needs.
  • Parenting Style: Think about whether your potential guardian’s parenting style is compatible with your own. Your children might experience a smoother transition if the guardian’s approach to discipline, education, and emotional support aligns with what you’ve already instilled.
  • Health and Age: Ensure that the guardian is in good health and able to handle the physical and emotional demands of raising children, especially if the children are very young.
  • Willingness to Be a Long-Term Guardian: Consider if your chosen guardian is likely to remain committed to the long-term care of your children, especially through the stages of adolescence.

By carefully considering these factors, you can select a guardian who will provide your children with the love, stability, and care they need in your absence. Always keep your legal plans updated, and review them periodically to ensure they reflect your wishes and circumstances accurately.

Ready to put your plan in place? Book a call with Emily.

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