Designating a Guardian for your Minor Children

What happens if you and/or your partner pass away while your children are still minors? A last will and testament or living trust ensures a seamless transition for the care of your minor children. If you die without a will or living trust formally appointing a guardian for your children (intestate), the court may appoint a guardian for your child. Priority is generally given to family members. The process can be contentious if multiple relatives disagree about the best interests of the child or children.

Choosing a guardian for your minor children and planning for this scenario is one of the most important decisions you can make as a parent. It's a decision that can have a significant impact on your children's lives, so it's essential to take the time to carefully consider your options and make the best decision for your family. Today we will discuss some steps to take in order to best choose a legal guardian for your children.

Step 1: Identify Potential Guardians

The first step in choosing a guardian for your minor children is to identify potential candidates. Make a list of people who you think would be suitable guardians. Consider factors such as their age, health, lifestyle, financial situation, location, and their relationship with your children. You may want to consider immediate family members, such as grandparents, aunts, and uncles. You could also consider close friends or neighbors who have children of their own and who share similar values to your own.

Step 2: Discuss Your Wishes with Potential Guardians

Once you have identified potential guardians, the next step is to discuss your wishes with them. Make sure they understand what will be expected of them if they were to become your children's guardian. Discuss your values, beliefs, and parenting style, and make sure they are comfortable with these. It's also important to discuss any potential challenges they may face, such as moving to a new location or adjusting to a new lifestyle. This can help you determine whether they are the right fit for your children.

Step 3: Consider the Financial Situation

Another important consideration when choosing a guardian for your minor children is their financial situation. Make sure that the potential guardian is financially stable and capable of providing for your children's needs. Through an estate planning attorney, you can designate all or part of your assets to ensure that your children will be well taken care of.

Step 4: Choose a Backup Guardian

It's also important to choose a backup guardian in case your primary guardian is unable to fulfill their duties. This could be another family member or close friend who you trust to take care of your children.

Step 5: Put Your Wishes in Writing

Once you have chosen a guardian for your minor children, it's important to put your wishes in writing. Contact an estate planning attorney who will help you create a legal document (e.g. a last will and testament, testamentary trust, or revocable living trust) to outline your wishes, including the care of your children in the event of your death. Make sure that your chosen guardian(s) know where to find this original document if it’s needed.

In Arizona, estate planning documents should be notarized with witnesses to ensure their admissibility in a contested proceeding.

Step 6: Revisit Your Choice Regularly

Finally, it's important to revisit your choice of guardian regularly. Your circumstances may change, and the person you originally choose to be the a child’s guardian may no longer be the best fit. Make sure to review and update your choice of guardian as necessary.

Choosing a guardian for your minor children is a crucial decision that requires careful consideration. By following these steps, you can ensure that your children will be well taken care of in the event of your death.