Choosing a Guardian for Minor Children

It is something nobody wants to think about, but every parent should: naming a guardian for your minor children in the event of your incapacity or death. If you avoid the issue and the need arises, you have lost the opportunity to speak on behalf of your children. The court will decide who will be the guardian of your children. At a time when your children are grieving your loss, this is the one thing you can do today to provide for as smooth a transition as possible for your loved ones.

Choosing a guardian for your children is an important decision that requires careful thought and consideration. Here are some things to consider when selecting a guardian for your children.

1. Relationship: Consider the relationship between potential guardians and your children. Look for someone your children feel comfortable with and who has a good relationship with them. As the court may look to family members first in appointing a guardian, it is especially important to have a valid guardian nomination in place if you want to choose a nonfamily member.

2. Shared Values: Choose a guardian who shares your values and beliefs. It is important to connect them with someone who will raise your children in a familiar way. For example, if your faith is important to you, you may want a guardian who will continue to raise your children in the traditions of your faith.

3. Home Life: Consider the potential guardian’s home life. Make sure the guardian can provide a stable and suitable environment for your children. What kind of work hours does the potential guardian keep? Would the guardian be willing or able to move into your home if you have provided for that?

4. Age: Consider the age of a potential guardian. While older guardians, like your parents, may have parenting experience and offer stability, they may not be able to keep up with the physical demands of raising young children. On the other hand, a younger guardian may have the energy to keep up with a young family but may not be able to provide the stability you would like for your children.

5. Location: Consider where the potential guardian lives. At a time that is already challenging, it will likely be much easier for your children if they can stay in the same area, attend the same school, and be near their family and friends.

6. Financial Stability: Ideally, you have included appropriate insurance in your estate plan to care for your dependents if you become incapacitated or die. However, even if you have provided for your children’s financial needs, you may want to be sure the guardian you have chosen is financially stable.
7. Willingness: Finally, of course, the guardian you choose must be willing to take on the responsibility of raising your children if something happens to you.

Asking someone to be the guardian for your children is a significant moment. It is both a lot to ask of someone, and a huge honor to be asked. Have open and honest conversations with potential guardians to find a good fit for your family. Circumstances change, so it is important to review the decision from time to time as your child grows and your life changes.

Work with an Experienced Virginia Estate Planning Attorney
If you would like to nominate a guardian for your children, we are here to help. Contact Wilson Law PLC today at 866-603-5976 to set up a meeting or fill out our contact form and we will call you to schedule your meeting.