LegalJourney Blog

Thursday, December 29, 2016

Considerations for Choosing a Guardian

How can I select the right guardians for my children?

Becoming a parent is a joyous experience, but also one that requires planning for the future. One question new parents often ask is "who will take care of my children if I die?" For this reason, it is essential for new parents to create a will, which is the only way you can select guardians for your children.

While naming guardians seems straightforward, couples may not agree, and the interpersonal dynamics among family members can be complicated. Nonetheless, it is critical for each parent to communicate openly, explore their values, overcome any disagreements and reach a consensus. By planning ahead, and carefully considering your options, choosing the right guardians can make a big difference in the life of your children.

The first thing that parents need to do is make a list of people who might be good candidates to act as caregiver for your children. While many think of brothers and sisters and other close family members, it may also be wide to consider long-time friends.

Choosing caregivers involves a number of factors, but it's really about selecting individuals who are capable of providing for your children, both emotionally and financially and who also share your child-rearing philosophy and moral, religious and social values. In addition, guardians should also have a number of personal qualities such as maturity and patience.

Of course, they must also be will willing to act as guardians, and be capable of meeting the physical demands of caring for children. It is especially helpful if they have a relationship with your children and will ultimately provide them with an environment that you prefer.

The Takeaway

Let's face it: no one want to think about dying, or the possibility that someone else will need to raise their children. While this is a difficult decision to make, not stating your preferences in a properly drafted will means that the court will make determinations about guardians that may not agree with your wishes. By engaging the services of an experienced and compassionate estate planning attorney, you will have peace of mind knowing that your children will be well cared for.


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Attorney Karnardo Garnett represents clients with their Estate Planning, Elder Law and Asset Protection needs throughout the Tampa Bay Area, serving all of the bay area, including but not limited to Tampa, Brandon, Clearwater, St. Petersburg, Gibsonton, Riverview, Oldsmar, Safety Harbor, Hillsborough County, and Pinellas County, FL



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