ESTABLISHING A FUTUREGUARDIANSHIP FOR YOUR CHILDREN

No parent wants to think about the possibility that they may no longer be able to take care of their children while they are

still minors.

Even when the parents start to consider this important issue, many parents have common misconceptions regarding the process of

establishing a guardianship.

Here are four very common myths regarding guardianships

that need to be dispelled.

DON'T WAIT TO FIND THE "RIGHT" PERSON

One of the common reasons parents put off planning for guardianship of their children is that they are

"looking for the right person."

Of course, you want someone who will raise your children

with the same values you hold, but finding the perfect fit may

not be possible. In fact, it is not very likely.

Instead, you need to find someone who has a similar

belief system and who is also willing to instill in your children

the values you hold.

You should not put off guardianship planning simply

because you haven't found the perfect guardian yet. If you

wait too long, a judge may end up making that decision for

you.

NO POTENTIAL GUARDIAN IS A PERFECT PARENT

When you sit down to make this important decision,

first recognize that there is no perfect parent.

But, if you can choose someone who at least agrees with the majority of your core values, you should be good.

Consider matters like parenting style, religious

beliefs, education and finances.

If you can find a friend or a relative who shares at least several of these core values with you, then your guardian

should be able to care for your children much like you would

have.

Also remember that, until your death, you can always

change your selected guardian as needed. It's not set in stone

until you pass away.

YOU CAN'T RELY ON THE HOPE THAT SOMEONE WILL STEP UP

While most parents want to believe that, if something happened and their children were left alone, your devoted friends or relatives would be fighting over

who should take care of them.

That is not necessarily the case. While many people

may want to do it, not everyone

will be capable of doing it.

Whether it's health issues or financial issues, or other

personal issues, they may not be able to take on the

responsibility if that time ever comes.

For these reasons, you should always designate alternative

guardians after your first choice.

The reality is, without a will establishing guardianship

for your minor children, a judge

will make the decision, regardless

of who may ultimately step up and volunteer for the job.

INFORMAL STATEMENTS IN A LETTER OR AN EMAIL ARE TYPICALLY NOT SUFFICIENT

Unfortunately, you cannot rely on something as informal as a letter or email to establish your choice for guardian of your minor children.

No matter how clear your choice may be spelled out in

a letter or email it is not legally binding on the court.

A judge could take that informal statement into

consideration, but there could be many issues for the judge to

wade through, including credibility, especially if

someone challenges the appointment.

Basically, if you take the time to choose someone and

write it down, why not take the next step of making it legally binding? You should consult with a qualified attorney to assist you in this process.

DISCUSS YOUR WISHES WITH THE POTENTIAL GUARDIAN

It takes more than just choosing someone to be the guardian for your minor children.

It would be wise to actually sit down with that person and

discuss your wishes with them.

Let them know what you need and ask if they are willing to

accept this responsibility.

The court cannot force someone

to be a guardian of a child.

If you do not discuss your wishes with the guardian ahead

of time and determine how they feel about this important

task, you may be setting yourself, and your child, up for

disappointment.

Raising a child is a huge commitment. Furthermore,

your guardian will likely want to get a sense of your

expectations ahead of time.

If you have questions regarding guardianships for minors, or any other estate planning needs, please contact Anderson, Dorn & Rader, Ltd.,

either online or by calling (775) 823-9455.