Guardianship of Minor Children - Estate Planning Considerations

For many families, the birth of a child is a strong motivation to create an estate plan. Of course, parents hope they will have long, fulfilling lives and will be around to watch their children grow and mature into adulthood. However, estate planning involves creating a plan to address what we fear could happen, and that requires addressing who will manage your children’s well-being, development, and financial security if something should happen to you. Without a clear plan in place, decisions about your children’s well-being could be left to the courts or a state agency.

Protecting Your Children’s Future

Parents have the legal right to determine where their children live and who will care for them if they are unable to do so themselves. Through thoughtful estate planning, parents can designate a guardian to care for their minor children if they are unable to do so themselves.

What Is a Legal Guardian?

A legal guardian is the individual you appoint to take over custody and raise your children if you pass away or become incapacitated and can no longer care for them. The legal guardian would have the same responsibilities and legal authority to make decisions regarding your children’s care, education, healthcare, and other important matters. This legal arrangement would remain in effect until the child’s 18th birthday.

Considerations When Selecting a Legal Guardian

Selecting a child’s legal guardian is an important decision that should not be made lightly. Before signing any legal documents, you should discuss the decision with the person you are considering to serve as your child’s legal guardian. Confirm they are willing to take on this responsibility, and that they have the physical, financial, and emotional abilities to do so.

Most parents choose a legal guardian who has similar values and would raise the child the way they would. The individual you choose as your children’s legal guardian should have a genuine interest in their well-being and be capable of raising them to be competent adults. Factors to consider when naming a child’s legal guardian include:

• The child’s best interests
• The relationship between the child and the proposed guardian
• The guardian’s values and parenting style
• The age, longevity, and financial stability of the proposed guardian
• The guardian’s family structure
• The guardian’s location and community ties
• Living conditions
• That the guardian is willing and available to serve
• Family dynamics and potential conflicts

What Happens if You Do Not Select a Legal Guardian for Your Minor Children?

The absence of an estate plan that names a legal guardian for your minor children leaves important decisions about your children’s future and well-being to chance. If you do not name a legal guardian for your minor children, temporary caregivers may struggle to meet their needs. Without a Will or Trust, your child may fully inherit a substantial sum of money at age 18, without guidance or safeguards on how to manage it.

When parents of minor children die without an estate plan, the courts will decide who will care for the children and will appoint someone to serve as their legal guardian. In some situations, a family member or close friend could file a petition for guardianship. If only one person files a petition for guardianship, the court will evaluate the evidence to determine whether they are a legally suitable guardian.

However, if more than one person files a petition for guardianship, or if a family member disagrees with the guardianship appointment, there could be a lengthy contested guardianship proceeding. The court will evaluate expert reports, witness testimony, and other evidence to determine who will be appointed to serve as legal guardian of the minor children.

You can avoid many of these challenging outcomes by creating a comprehensive estate plan that names a guardian for your minor children.

Contact the Vander Laan Law Firm, LLC, for Comprehensive Estate Planning Services

Natalia Vander Laan is a Nevada estate planning attorney who proudly serves clients from her offices in Minden and Carson City, Nevada. She works with individuals and families throughout Douglas County, Carson City, and Lyon County. Discover what makes her approach to estate planning unique, then call (775) 461-2897 or contact our law office today to schedule a free consultation to discuss your needs and how Natalia can assist you.