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Last Will & Testament

Choosing a guardian for your child

Choosing a guardian for your children is a critical decision that every parent must make. While it’s actually a simple concept, the decision of who to choose should not be taken lightly. It's a task that requires careful thought and consideration, as you want to ensure that your children are in the best hands possible if anything were to happen to you. 
Mother child

The guardian you choose will play a significant role in shaping the lives of your children, so it's essential to pick someone who aligns with your values, beliefs, and priorities. Here are seven key suggestions to help you make the right choice.

  • Consider someone who shares your values and beliefs: The guardian you choose should share your values and beliefs about how to raise children. This will help ensure that your children receive the same upbringing that you would have provided if you were still alive.
  • Choose someone who has a strong relationship with your children: Your children will fare better in the care of someone they already know and trust. Consider a family member or close friend who has a strong relationship with your children and has shown an interest in their well-being.
  • Pick a responsible and reliable person: A guardian must be responsible and reliable, with the ability to make decisions and act in your children's best interests. Consider someone who has demonstrated good judgment and stability in their own life.
  • Consider someone who has the financial means to care for your children: Caring for children is expensive, and your guardian must have the financial resources to provide for your children's needs. This includes food, clothing, education, and any other expenses that may arise.
  • Avoid picking someone who has substance abuse or legal issues: Substance abuse and legal problems can compromise a person's ability to provide a stable and safe environment for your children. Avoid choosing someone who has a history of such issues.
  • Discuss your choice with your chosen guardian before making a final decision: It's important to discuss your decision with the person you're considering as a guardian. This will give them an opportunity to ask questions and address any concerns they may have. It will also help to ensure that they're comfortable with the responsibility and willing to take on the role if necessary.
  • Update your will regularly to reflect any changes in your personal or family circumstances: Life is unpredictable, and circumstances can change quickly. Review your will regularly and make any necessary updates to reflect changes in your personal or family circumstances. This will help to ensure that your children's future is secure, no matter what happens.

So, you’ve thought carefully about who you would like to choose as the guardian. What’s next? We suggest that you have a conversation with the potential guardian.

That conversation might look something like this:

Family walking

You: Hi, [Guardian's Name]. I hope you're doing well. I wanted to talk to you about something important.

Guardian: Of course, what's on your mind?

You: Well, my spouse and I have been thinking about who would be the best person to take care of our children if something were to happen to us. After a lot of thought, we believe that you would be the best choice.

Guardian: Really? That's quite an honor. I'm touched that you would consider me.

You: We know that it's a big responsibility, and we wanted to make sure you're comfortable with the idea before we move forward. Can I ask, would you be willing to take on this role if necessary?

Guardian: I would be honored to do so. I love your children and would do everything in my power to ensure that they are well taken care of.

You: That's great to hear. Just to give you an idea of what's involved, the guardian would be responsible for making decisions about our children's upbringing, education, and overall well-being. It's a big commitment, but we're confident that you're the right person for the job.

Guardian: I understand. And I'm ready to take on that responsibility if necessary.

You: Great. We appreciate your willingness to take on this role, and we'll make sure that all the necessary arrangements are in place. But before we finalize things, is there anything you'd like to ask or discuss?

Guardian: No, I think you've covered everything. I'm just grateful for the opportunity to help in this way.

You: Well, that's great. Thank you for your time today. We'll be in touch soon.

This type of conversation with a potential guardian can help to ensure that everyone is on the same page, and it will give you a chance to address any concerns or questions that the guardian may have. Having this discussion in advance can help to ensure a smooth transition if the time ever comes when the guardian is needed to take care of your children.

It’s important to note that If you die and your will doesn't establish who is guardian for your children, the court will step in and make that decision for you. This is known as a guardianship hearing, and it's usually handled by the probate court. Obviously, it is best not to leave a decision like this up to the courts. This is far too important a decision to be made by anyone other than you and your spouse.

In conclusion, choosing a guardian for your children is an important decision that requires careful consideration. The suggestions listed above can help guide you in making the right choice. Remember, the guardian you choose will play a significant role in shaping your children's future, so choose wisely.

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