Guardians For Dependent Children
Choosing guardians for children can be one of the most difficult decisions in estate planning but it is one of the most important. Without a will nominating your choices for guardians, a court will be forced to decide and may select a person you would have adamantly opposed.
First, if the parents are divorced and the parent with custody passes, the other parent typically takes custody of the child. It is still wise in this situation to nominate guardians in a last will and testament.
How does one select guardians?
First, create a list of anyone you think might be willing to take on your children as guardians.
Second, list the important factors in a guardian, such as values, parenting style, location, children of their own, etc.
Third, rank the factors.
Fourth, apply the factors to the list of people.
Fifth, select your top two or three choices and contact them, asking if they would be willing to serve as guardians (remember - they may ask you to reciprocate).
Sixth, create a last will and testament to nominate guardians.
Considerations
Guardians with children the same age may make the transition easier for your children as there will be playmates to take your children's minds off the big change in their lives.
Some guardians might become empty nesters soon or have already become so. Would becoming guardians be healthy for them?
If non-family members are being appointed as guardians, how will that affect time spent with family the holidays?
Would your children need to change school districts and lose their friends in the process of also losing their parents?
Are there pets that would be coming with the children that your guardians are allergic to?
Take your time choosing your children's guardians (but not too much time!). Remember, you can always change your guardians in the future.