Choosing a Guardian for Your Children: Essential Factors to Consider

As estate planning attorneys at Sammartino & Sultan, we often encounter parents grappling with one of the most challenging decisions they'll ever face: who should raise their children if they're unable to do so? It's a question that can keep you up at night, but addressing it is crucial for your family's future. Let's dive into several key factors to consider when choosing a guardian for your little ones.

1. The Heart Factor: Genuine Interest

First and foremost, does your potential guardian truly care about your children? We're not talking about obligatory holiday visits here. Look for someone who lights up around your kids, someone who'd be genuinely invested in their well-being and happiness.

2. The Compass Check: Shared Values

Think of your values as your family's North Star. Does your prospective guardian share that same guiding light? Consider their stance on education, religion, discipline, and life philosophy. You want someone who'll steer your children in a direction you'd approve of.

3. The Capability Quotient: Physical, Emotional, and Financial Readiness

Raising children is no small feat. Is your chosen guardian up for the challenge physically and emotionally? And let's face it, kids are expensive. If you can't leave behind sufficient assets, can your guardian handle the financial responsibility?

4. The Family Dynamic: Existing Children and Time Management

If your potential guardian already has children, that could be a plus – built-in siblings! But it's also worth considering: Can they give your children the time and attention they need? It's about finding the right balance.

5. The Location Equation: Geographical Considerations

Moving can be tough on kids, especially after losing their parents. How far away does your prospective guardian live? Would a move be necessary, and if so, how would that impact your children's lives?

 

6. The Sibling Situation: Together or Apart?

Most parents prefer keeping siblings together, but there might be circumstances where separate guardians make sense. For instance, if you have children with significant age gaps or very different needs.

7. The Dynamic Duo: Personal Guardian vs. Financial Manager

Sometimes, the best nurturing parent isn't the best money manager. Consider splitting these roles if necessary. You could appoint one person as the personal guardian and another as a financial custodian or trustee.

8. The Conversation: Willingness to Serve

Last but certainly not least, have you actually talked to your chosen guardian about this responsibility? It's essential to ensure they're not just willing, but enthusiastic about potentially taking on this role.

Making It Official

Once you've carefully considered these factors and made your decision, it's time to make it official. At Sammartino & Sultan, we specialize in creating comprehensive estate plans that ensure your wishes for your children's care are legally documented and respected.

Remember, without a formal guardianship designation in your estate plan, the courts will decide who raises your children – and their choice may not align with your wishes.

Don't leave your children's future to chance. Let's work together to create a plan that gives you peace of mind and secures your children's future. Contact Sammartino & Sultan today to schedule a consultation and take this crucial step in protecting your family's legacy.

About the Author

Leslie has been practicing law since 2009 and is the host of the estate planning podcast 'Legacy Purse'. She has a long history of representing family members struggling to inherit property and/or wealth from deceased family members through the Probate Courts. Knowing how time-consuming and expensive the probate process is, Leslie takes great pride in helping her clients learn how to plan and protect their families during their lives so they can avoid the probate court process and save their loved ones that additional grief (and expense).