Unfortunately, unexpected tragedies do happen. We can never prepare for everything, but we can take steps to provide for our children’s care. Choosing a guardian for your child can be one of the most important decisions you make for their future.
While appointing a guardian and creating an estate plan might seem complicated, you do not have to go through this process alone. Beller Law, P.L., can help you appoint a guardian, write a will, and plan for your family’s future. We can guide you through every step and ensure your wishes are fulfilled and that your children are cared for.
Notice: Please note that Rebeccah Beller is a Florida attorney specializing in guardianship matters in the state of Florida. Our legal team only handles guardianships within Florida and cannot provide assistance for cases outside of this jurisdiction.
Why Designate a Guardian for Your Child?
When creating an estate plan or a will, it is crucial to choose a legal guardian for your children. Without a named legal guardian, your children will face a greater amount of uncertainty and stress while going through the grieving process. If you do not appoint a guardian, the Florida courts will choose one for you. This would usually be a family member who volunteers, but in the worst-case scenario, children can end up in the foster care system and potentially be split up. This is an outcome no one wants, and you can avoid it by making sure you have a plan in place.
How To Designate a Guardian
To nominate a guardian for your child, you must execute a document that states who will care for them if you pass away. Most people include this provision in their estate plan.
The guardian you choose may have legal responsibility for both your child and their property, but this is not required. A well-crafted estate plan will state your wishes clearly. It will also contain contingency plans, such as naming a backup guardian just in case your primary choice cannot fulfill its guardianship duties. Working with an experienced estate planning lawyer is the best way to ensure you have a rock-solid estate plan to provide your children with continued care.
Common Mistakes Parents Make When Designating a Guardian
Parents make some common mistakes when designating a guardian for their minor children. Avoiding these mistakes will help set your children up for long-term well-being. It will also help you have a say in how your children will be raised after you pass.
Letting the Courts Decide
One of the most common mistakes parents make is not nominating a guardian in the first place. If you do not have an estate plan naming someone as a guardian, the courts will decide who takes care of your children.
Sometimes the courts get it right, and your children will end up with the guardian you would have wanted. Even if the courts do get it right, your children may go through a prolonged period of uncertainty. However, courts can be notoriously unpredictable. Nominating a guardian ahead of time means that you do not have to leave such an important decision in the court’s hands.
Failing to Discuss the Decision With Older Children
If your children are closer to age 18, asking who they would like to live with can be helpful. Asking this question gives children a say in the process and helps them feel they have some control over their lives as they get closer to being an adult. In Florida, courts often consider older children’s wishes when making guardianship decisions even if you have already nominated someone else.
Failing to Discuss the Decision With Potential Guardians
Another common mistake parents make is to avoid discussing guardianship plans with potential guardians. Guardianship is a demanding responsibility, and not everyone is up for it. Having a discussion with both primary and secondary guardians will help ensure that the people you choose will carry out your wishes if the time comes.
Failing to Name a Backup
Choosing backup guardians is essential. Even if you have selected a willing and able guardian as your first choice, circumstances can change. A backup guardian will help ensure your children have someone to care for them if you pass and the primary guardian is unable to care for them. Your secondary guardian should not necessarily be your primary guardian’s partner because, oftentimes, changes in circumstances can affect both partners in a relationship.
Not Establishing Who Will NOT Be a Guardian
You may have a brother who is not responsible enough to raise your children. Maybe you have religious differences with one of your children’s grandparents. Explicitly stating your wishes that an individual will not become your children’s guardian may be a detail to include in your estate planning.
Choosing Elderly Parents or Not Taking Health Into Account
Many parents fail to take health or age into account when naming a guardian. Taking care of young children can be physically and mentally demanding. Sometimes the responsibility is too much for individuals with physical or mental impairments. Even if they are willing to serve as guardians, elderly grandparents or relatives may not be the best choice if their health or age would make caring for your children too difficult. Make sure you take this into account when selecting a primary guardian or secondary guardian.
Failing to Come Up With a Financial Plan
Taking care of children can also be difficult financially. It is unfair to put the financial burden of raising your children on friends or family who can not afford it. An effective estate plan should include a financial plan to support your children if you are no longer around.
Failing to Provide Guidance To Potential Guardians
You can only have so much input regarding how someone else will raise your children. However, clearly expressing your wishes will provide your children’s guardian with a helpful roadmap. An experienced estate planner can help you figure out what to include in these instructions. They can also help you incorporate your desires into your estate plan.
Let Us Help You Ensure Your Child’s Well-Being
If you have young children and wish to appoint a guardian, Beller Law, P.L. knows how to help. Our team is dedicated to helping you craft an estate plan tailored to all of your needs and wishes. We have more than 25 years of experience helping clients plan for the future. Beller Law, P.L. will work with you to ensure your children will be taken care of if tragedy strikes. Schedule a consultation today to learn more about how we can help you.