Guardianship: The Topic All Parents Should Discuss
As parents, one of our most prized “possessions” are our children. They steal our hearts from the day they are born and we put them at the top of our priority list. We pride ourselves in taking the best care of them. One thing that is often overlooked, or maybe we just don’t necessarily want to think about, is who would take care of them if something were to happen to us?
An estate plan is something that is important to have, especially if we have children. If your children are minors, a guardian should be chosen to care for them if both parents should die before they become adults. While the State of North Carolina ultimately gets to decide who will be the children’s guardian, drafting a will that states your wishes will go a very long ways in helping and guiding the judge in deciding who that person will be.
Here are some of the top questions about guardianship:
- What happens if I don’t name a guardian and something happens to both of us parents? In this case, a judge decides who will raise your child without knowing who you would have wished. Anyone can ask to be considered for guardianship and the judge selects whom he/she thinks would be most appropriate.
- If I am divorced and something happens to me, who will become the guardian of my children? In this case, guardianship will usually be assigned to the other parent. If you have concerns about his/her parenting capabilities, they should be listed in your estate plan.
- Does the guardian have to be a relative? No, you should consider all your options and choose someone that you think would be best fit.
- What traits should I look for in a guardian? You should consider the individuals parenting style, values, and religious beliefs. These are traits that you would want to be similar your own. Also, some questions you should ask… Is this person emotionally stable? Would he/she be prepared to take on such a responsibility? How far away do they live? Do they have the time and energy to care for your child/children? Consider all aspects.
- Do I need to ask if they’re willing to serve? Yes. You should never assume that someone would be willing to take on such a big responsibility.
- Should I allow the guardian to also have financial responsibility for my children? The decision is ultimately up to you. Often, the guardian and the person that you name to handle the children’s finances (or money left for them in a trust) is the same person. However, you may decide to name a different person to handle your children’s finances as it’s not always the case that the guardian is the best person to take care of your children’s money and financial needs. Either way, the best interest of your child should be of utmost importance.
The odds of something happening to both parents are pretty slim, but it never hurts to plan ahead for such an unlikely, but possible, situation. No one will add up to be the perfect parent for your children but you would rather know that your wishes will be carried out and your children will be well taken care of if something were to happen to you. Contact the Thornton Law Firm today and we will help you with your questions and your preparation.