For parents,
a will provides peace of mind by allowing them to know who will
take care of their minor children should something happen to them.
Naming a guardian in your will ensures that YOU choose who will
assume that important role and not the courts.
A guardian becomes responsible for the child’s physical care,
health, education, and welfare until he or she reaches 18 years of
age. This includes providing the basic needs such as food, clothing,
shelter, health care decisions and education choices. The guardian
is not responsible to meet the child's financial needs with his or
her own money. Usually, a trustee, which may also be the executor,
handles those arrangements with money provided by the estate and dedicated
for that purpose. A guardian is not paid for his or her services.
In most cases
if your child’s other parent survives you, then that parent
assumes the guardianship without any other special actions. However,
you need to provide for the possibility that the other parent will
not be available to be your child’s natural guardian. The personal
guardian will be responsible for raising your children until they
become legal adults. The person you choose as the guardian should
have good parenting skills and values similar to your own. Family
members or trusted friends are good options. Naming co-guardians
is permitted but doing so may create custody problems should the
co-guardians separate in the future.
In summary,
for parents of minor children, naming guardians is one of the most
important functions of the will. You should have complete confidence
in the person you nominate, and you should be certain that your
nominee is willing to accept the responsibility of raising your
children should the need actually arise.
Note to parents:
check here for a free child
care power of attorney . |
