Is Naming a Guardian for Your Children Obsolete?
When you pass, the person you name as Guardian doesn’t automatically become your child’s guardian. So is it worth it to even name one in your documents?
A Guardian is a legal term for someone who makes decisions regarding the person. In this case we are talking about a minor child, that person would be responsible for their financial circumstances, decisions regarding their health, education and care.
If you are appointed a Guardian of a Minor in court, you will be responsible to keep detailed accountings of their finances that you will likely file with the state for review, file taxes if needed, apply for benefits on their behalf, and provide care. There is a lot more financial responsibility to it than you may think.
What does naming a Guardian in your will do?
In our modern world, this step really gives guidance to the court of whom parents prefer to be Guardians of their children, but the court still has to go through a process to appoint a Guardian. For the person you name to actually become the Guardian, they will have to petition the court for that right. And be recommended by a court appointed advocate for the child.
However, the most commonly appointed Guardians for children tend to be grandparents or aunt and uncles.
What if I am divorced?
If you are divorced and the child’s other parent is still living, when you pass, they become the presumed parent of the child. However, a third party who it would harm the child to not have contact with may petition the court for rights to the child. For this they will have to prove to the court that there will be actual harm to the minor child to not have contact with them. Naming a Guardian will likely have little effect in this case, unless the other parent is not able or does not want to be the primary parent of the child.
What’s the best practice?
It doesn’t hurt to name a Guardian, but they should be people who are very familiar with your child, and whom you intend to have as a deep part of your child’s day to day life anyway, who are also able to make good financial decisions and you would trust to make your financial decisions and manage your day to day life.
