Who Will Care for Your Children Should the Unthinkable Happen?
No parent wants to imagine that they might die while their children are still young. Consequently, most parents have not taken the steps needed to name a legal guardian for their children in the unfortunate event that they die or become incapacitated. This can lead to fights in court among your children, family members, friends, and Social Services. Also, many parents who have designated Guardians for their children have done so incorrectly. This is where Winstead Law Group, APC can help.
Why Name a Legal Guardian?
When a person dies without a Will, their assets are distributed according to a fairly standard formula (first to their spouse, then their children, then to their parents and siblings).
But in the unfortunate event that both parents die without having named a legal guardian for their children, there is no standard formula for determining who becomes their guardian.
Instead, a judge designates who the children's guardians will be.
Although this is a tough decision, parents know who is best-suited to be the guardians of their children should they both die.
Therefore, both parents should prepare Wills and Powers of Attorney naming the Guardians of their children. Although a judge will still need to sign off on the appointment, most courts will respect parents' wishes.
In support of their decision, parents should also write a letter that explains their reasons for designating the particular person as their children's guardian.
Who Should You Select to Serve as Legal Guardian?
Parents should think carefully before selecting a Guardian for their children. Your primary concern is the wellbeing of the children and you should not pick someone simply because they might be angry, hurt or mad if they weren’t selected. Issues to consider in choosing a Guardian include the following:
You should discuss your decision with the prospective guardians to ensure that they feel comfortable with the responsibility.
You should also name backup Guardians in case circumstances change, and the person who is your first choice is unable to accept the responsibility.