Who would be the guardian of your children?


            How to choose a guardian for your child?  One of the biggest concerns of the parents with minor children usually is who would take care of the children if anything were to happen to both of them. The guardian appointments can be included in your will, your power of attorney in case of incapacity, and a separate declaration of guardianship, which would cover both death and incapacity. The guardianship designations are extremely important since you are choosing the people who would provide the physical care for your child and raise them in their home after you are gone.

The factors that you want to consider are whether you should designate a single individual or a married couple. You want to think of people that your child knows well, possibly has an attachment to or shares a special connection with. If you decide on a married couple, don’t forget the possibility of a divorce or separation. Who would you want to take care of your children in such case? One of the estranged spouses? An alternate guardian?

What if your intended guardian lives out of state? In such case, you will probably want to select a temporary guardian who lives in the near vicinity to provide the children’s care in case of an emergency until the permanent guardian takes over the custody and care.

Next, consider the prospective guardian’s ability to manage assets for the child’s benefit and their history of fiscal responsibility. If the person who has the closest relationship with your child were terrible with money, you probably would not want them to have an unlimited access to your child’s estate. In that situation, you can select another individual to be the guardian of the child’s estate, i.e. a person who is financially responsible and can effectively manage the child’s finances.

If you would like to know more about appointing a guardian for your minor children in case of your incapacity or death, please contact our office at 619-630-4765.


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