Guardian for Your Minor Children

Who Should You Choose to Be the Guardian of Your Minor Children?

For many parents, choosing a guardian for their minor children is the hardest part of creating an estate plan.

No one wants to imagine a future in which they are unable to raise their own children. Yet one of the greatest gifts you can give your family is making this decision yourself instead of leaving it to a judge.

If both parents die while their children are still minors, someone must step into the role of parent. By naming a guardian in your Will, you tell the court who you believe is best suited to raise your children. Although a Florida court must ultimately appoint the guardian, it will generally give significant weight to your nomination unless doing so would not be in the child's best interests.

Considerations for Choosing a Guardian

There is no "perfect" guardian. Instead, consider who is most likely to provide the loving, stable, and supportive home you would want for your children.

Is the Person Willing to Serve?

Before naming someone as guardian, have an honest conversation with them. Ask yourself:

• Are they willing to accept this responsibility?

• Do they understand what raising your children could involve?

• Are they emotionally prepared for the commitment?

A surprise guardianship nomination can place an enormous burden on someone who never expected it.

Consider Their Age and Health

Grandparents are often the first people parents consider.

While grandparents may be wonderful caregivers, think about whether they will be physically and emotionally able to raise young children over the long term.

Likewise, consider the health of any proposed guardian and whether they are likely to remain capable throughout your children's minority.

Think About Their Family Situation

Ask yourself:

• Are they married or single?

• Do they already have children?

• Would another child fit comfortably into their household?

• Do they have a stable home environment?

• Are they planning a major life change, such as relocating?

A stable family environment can make a tremendous difference during an already difficult time.

Can They Afford to Raise Your Children?

Your guardian should never have to bear the financial burden alone.

Fortunately, your estate plan can include a trust that provides funds for your children's health, education, support, and other needs.

In many cases, the person managing your children's inheritance (the trustee) does not have to be the same person raising them (the guardian). Separating these roles can provide additional oversight and reduce potential conflicts.

Will Your Children Thrive in Their Community?

Consider where the guardian lives.

• Will your children attend good schools?

• Will they remain close to extended family?

• Will they have access to activities, healthcare, and opportunities that are important to you?

These practical considerations often become just as important as family relationships.

Do They Share Your Parenting Values?

Every family has its own parenting style.

Think about whether the proposed guardian shares your values regarding:

• education;

• discipline;

• religion;

• work ethic;

• financial responsibility;

• family traditions; and

• extracurricular activities.

If your child has special needs, medical conditions, or unique educational requirements, be sure the guardian is capable of meeting those needs.

Consider Leaving a Letter of Guidance

While your Will names the guardian, many parents also prepare a separate Letter of Guidance.

This informal document allows you to communicate your hopes regarding your children's upbringing, including:

• educational goals;

• religious upbringing;

• medical concerns;

• family traditions;

• important relationships;

• values you hope to instill.

Because this letter is not legally binding, you can update it over time without changing your Will.

Don't Leave the Decision to the Court

If you do not nominate a guardian, a Florida court will decide who should raise your children.

Although the judge will carefully consider the child's best interests, that judge has never attended your child's birthday parties, parent-teacher conferences, sporting events, or bedtime routines.

You know your children better than anyone else.

Making this decision now gives the court valuable guidance and greatly increases the likelihood that your children will be raised by someone you know, trust, and love.

How We Help

Every estate plan we prepare for parents includes thoughtful guardianship planning for minor children.

We will help you:

• nominate one or more guardians;

• choose alternate guardians in case your first choice is unable to serve;

• create trusts to protect your children's inheritance;

• determine who should manage inherited funds;

• minimize the likelihood of future family disputes; and

• develop an estate plan that protects your children both financially and personally.

Choosing a guardian is one of the most important decisions you will ever make. With careful planning and experienced legal guidance, you can ensure that your children will be cared for by the people you trust most, no matter what the future holds.

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