Key Considerations when Selecting a Guardian

To schedule an appointment, contact our law firm at 403-400-4092 or Chris@NeufeldLegal.com

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When you have minor children, choosing a guardian is one of the most important decisions a parent can make when it comes to estate planning. It is absolutely essential that you select someone whom you are confident and trust can provide a safe, stable, and loving home for your child if you are no longer able to. Some of the key considerations when selecting a guardian include:

A. Shared Values and Parenting Style

  • Look for someone who shares your fundamental values, beliefs, and parenting style. This includes your views on education, religion, discipline, and morals. Choosing a guardian with a similar philosophy helps provide continuity in your child's upbringing during an already difficult time. While no one will parent exactly like you, finding someone who aligns with your core beliefs is vital.

B. Willingness and Availability

  • The most important factor is confirming that your potential guardian is willing and able to take on the responsibility. This isn't a decision to be made lightly, and you must have a direct, open conversation with the person you're considering. They should be prepared for the immense emotional, financial, and time commitment required to raise a child.

C. Stability and Environment

  • A guardian should offer a stable and nurturing home environment. Consider their lifestyle, location, and the current dynamics of their household. Would your child have to move to a new city, change schools, or leave their friends and support system? If they already have children, will your child fit in well, or would they be an unmanageable burden? A guardian's physical and emotional health, as well as their age, are also important. For example, while grandparents may seem like a great choice, their age and health may not allow them to care for a child long-term.

D. Financial Readiness

  • Raising a child is a significant financial responsibility. While you can and should provide for your child through life insurance and trusts, a guardian's financial stability is still a factor. They should have a stable job and a track record of good financial decision-making. You may also want to consider separating the roles of guardian and executor of your estate to create a system of checks and balances.

E. Legal and Practical Considerations

  • A guardian needs to be a trustworthy individual with good character. The courts will review the proposed guardian to ensure they have no criminal record or history of drug or alcohol abuse. Additionally, it's wise to name an alternate or backup guardian in your will, in case your first choice is unable or unwilling to serve. Make sure to consult a lawyer to make the appointment official and legally binding.

Contact our law firm today to learn how our legal team can help you plan for the future, which is of particular importance when you have minor children and you need to secure their future (including dealing with guardianship), or deal with the legal demands associated with the passing of a loved one. Contact our law firm at 403-400-4092 or via email at Chris@NeufeldLegal.com to schedule a confidential initial consultation.


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