Problems That May Arise When Naming a Guardian for Your Child, Part One

Naming a Guardian for Your Child | Estate Planning in Cary NC

If you are drawing up a will, and have children under the age of 18 you will need to name a guardian to care for them in the event of your death, or if you become unable to care for them. Naming a guardian can be difficult. You want to make the right choice for the sake of your children, and you do not want to leave it up to the courts to decide. If you do not name a guardian, the court will make this important decision for you. You may assume that your children will be left to grandparents, or another close family member, but that is not always the case. You have the option to make your own decision to ensure the wellbeing and care of your child.

There are some problems that may arise when you name a guardian for your child, so in this series we will take a look at the factors to take into consideration as you make this important decision. In this first part, let’s take a look at potential issues involving your marriage and family.

If you are married and only one of you passes away, the remaining spouse will have custody. If you are divorced or separated from your children’s other parent and do not want him or her to become the guardian, you will have to note that in your will.  Make him or her aware of your decision to avoid problems later on. It will be hard enough for your child to deal with losing a parent, so take steps to avoid adding on additional stress such as a custody battle.

Your spouse may not be the only one who wants a say in who you choose for your children’s guardian. Your family may have opinions about who should or shouldn’t be named, but the decision is up to you. If you feel that talking about it beforehand may cause problems, you do not have to disclose it to anyone except the person you name. If you feel obligated to give reasons for your decision you can leave a written explanation in your will.

This can be a difficult time that our lawyers are here to help you with. If you need more information about guardianship, be sure to visit back with our next blog post soon.

Klish and Eldreth, PLLC | Estate Planning in Cary NC

As always, feel free to contact us with any questions or concerns you may have about estate planning. Also contact our lawyer to schedule a consultation if you have yet to start estate planning. It’s never too early to make plans for your wishes upon death. In addition, our lawyer is here to help you with all your legal matters, whether it be estate planning, trademarking, copyrighting, or DWI issues.

For more information on basic estate planning in Cary NC, be sure to visit back with us soon! If you have questions about the information you’ve received here contact us. We are here to help. Also check with other blog posts in this series below:

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