Guardianship of Minor Article
Selecting a Guardian for Your Minor Children
According to a recent survey, only 36% of U.S. parents with minor children have a will. This means that 64% of children do not have a legal guardian selected for them by their parents in the event of the unexpected. Instead, these children will be the subject of guardianship proceedings by the state court system and social services department. In the same way that parents aim to protect their children during life, parents should act to avoid such circumstances and instead ensure their children are well taken care of in the event something where to happen to them.Choosing a guardian can be overwhelming. Many couples have not finalized their will and estate plans simply because they cannot agree on a guardian. Parents should not delay for this reason. Parents should think about what qualities are most important to them in a possible future caretaker for their children. Consider the following questions:
- Who will love your children in your absence?
- Who will afford your children a safe, stable environment?
- Are there social or religious qualities that are important to you?
- Where do you want your children to live and be raised?
- Who has qualities you respect and admire and would want passed on to your children?
- Would a family member or close friend be a better caretaker?
- Who would honor your memory?
Importantly, parents should identify 2 or 3 possible guardians, to ensure a back-up plan in the event one or more guardians are unable or unwilling to act as guardian. After you’ve agreed on a list of possible guardians, schedule a time to talk to each person about the issue of guardianship. Tell them: “We are meeting with our attorney to work on our estate plans and would like to talk to you about a few issues that are important to us.”
When you’re ready to have that conversation, here are some issues you should cover:
- The ask: “We’ve thought a lot about the type of person/family we’d like to help raise our children in the event we were to pass away unexpectedly. We would be honored if you would consider acting as guardian of our children.” Let them know if there are family, religious, emotional, social, or other reasons that were important to you in selecting them as a possible guardian. You can also let them know if there are qualities or beliefs you hope they pass on to your children.
- The arrangements you’ve made: “We’re meeting with our estate planning attorney to finalize ours wills/trust. We intend to make sure you are provided with the necessary finances to care for our children.” You may want to mention if you’ve purchase life insurance or have set up trusts to assist them financially. You can also discuss if you will allow them the choice to live in your home while they are raising your children.
- Give them time: “We know this is a big responsibility. Please think about it and let us know if you will act as guardian.” Tell them when your next meeting with your attorney is and ask that they get back to you by then.
Contributing Attorney: Allison Kierman is an attorney at Kierman Law, PLC where she provides assistance with estate planning and business consulting.
Comments:
QUESTIONS
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Our friend who was a single parent caring for her 13 year old son just past away. The father has always been in the life of this child and now has promised to dedicate all that is needed to continue raising him. My concern is if something happens to his father and if there is a legal actiin that can take place prior in order to avoid this child ever becoming involved with state litigation etc
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My husband and I have had our grandson since last November. My daughter doesn't make time for her son. She is willing give legal guardianship of my grandson. What do we need to do ?
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I am 19 years old and I have a 13 year old sister. We have the same mother but different dads. Her dad is an alcoholic and our mom is homeless and uses drugs. I want to gain custody of my sister. My mom will probably fight me on this. How do I go about getting custody of my sister?
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My son's biological father pays child support regularly (after being threatened with jail time by a judge) but is completely uninvolved in my son's life - hasn't seen him, talked to him, or asked about him for years. My current husband is an amazing father to my son. I have been researching legal guardianship to give some rights to my current husband since he is the one actively raising my son. What are the benefits/drawbacks to my current husband becoming a legal guardian? Would my ex be released from obligation to pay child support like he would be if my current husband adopted my son?
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do i need the permission of both parents to obtain guardianship? what if i cant find one of the parents but the other gives consent?
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I live in kansas and my little sister is on phoenix. My mother and her father want to send her to live with me. I would like to know how to properly attain legal guardianship of her so that i can enroll her in school. I dont know what to do
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My sister is pregnant and she has a two minor children already that is out of the home. Her daughter has been adopted by the fathers parents an her son has been adopted by another family and she is pregnant yet again and has got into alot of trouble i want to get custody of the baby but i dont know if i should obtain Power of Attorey or should i go for Guardianship or Legal Custody I need help bad and soon!!!!!!
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My question is how do I go about getting Guardianship/Custody of my 3 nephews. I really need legal advice. I don't want then to end up in the system.
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Our parents passed away two months ago and in their Will they appointed me guardian of my fourteen year old, half sister. Her grandparents don't like me and want to gain custody of her. Their son always said he never wants them to have my sister because of how he was raised. Our parent's assets are split between us so I will be able to take care of her until she comes of age to get her half. Please help. I can't get through this hard time without her with me.
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my mom abuses me, but I don't want to call DCFS unless I can go live with my dad, who has zero custody of me. is that possible for them to send me to my dads?
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