How to Choose a Legal Guardian for Your Minor Children

If you are a parent of minor children, it is important to name a legal guardian for them in case something happens to you. In this blog post, we will discuss why it is important to name a legal guardian for your minor children and tips on how to choose the best person for the job. We will also talk about why it is important to work with an estate planning attorney on this matter.

I’m Brookfield & Milwaukee Estate Planning Attorney Paul Margerie. At my practice, Margerie Law, I help individuals and families (particularly young families) with estate planning, including naming a legal guardian for their minor children. I’ve seen firsthand the importance of choosing a legal guardian and why it’s crucial to work with an experienced estate planning attorney on this matter.

What is a Legal Guardian?

A legal guardian is someone who is appointed by the court to take care of your minor children if something happens to you and you are no longer able to care for them yourself (such as incapacitation or death). By naming a legal guardian in your will, you can dictate exactly who the court will name to act as legal guardian. The guardian has the legal authority to make decisions on behalf of your children, including decisions about their education, healthcare, and general welfare.

Why Naming a Legal Guardian is So Important

There are several reasons why it is important to name a legal guardian for your minor children as part of your estate planning.  First, if you do not name a legal guardian, the state will appoint someone to take care of your children. This could mean that they choose someone you would not have chosen yourself. By naming a legal guardian, you can ensure that your children will be taken care of by someone you trust if something happens to you. Naming a legal guardian allows you to specify who you want to take care of your children and how you want them to be raised. For example, if you have strong religious beliefs, you may want to choose a legal guardian who shares those beliefs and will raise your children in accordance with them. Finally, it gives you peace of mind knowing that your children will be taken care of if something happens to you.

Tips on How to Choose a Legal Guardian

There are several factors to consider when choosing a legal guardian for your minor children. Here are some tips to keep in mind:

Choose someone who will follow your wishes. It is important to choose a legal guardian who will follow your wishes for how you want your children to be raised. This includes things like religious morals and values, education, and general lifestyle choices.

Choose someone who has the capacity to parent. The legal guardian you choose should be someone who has the ability to physically and emotionally care for your children. This includes being able to provide a stable home environment, financial support, and love.

Choose someone whose life situation mirrors what you want for your child. It is important to choose a legal guardian who shares your values and who you feel would provide a similar lifestyle for your children as you would. For example, if you want your children to grow up in a rural area, you would not choose a legal guardian who lives in an urban area.

Make them aware of your wishes. Once you have chosen a legal guardian, it is important to make sure they are aware of your wishes for your children. This means you should start having conversations with them as soon as possible. You never know what could happen.

Consider backups. It is also important to consider naming a backup legal guardian in case the first choice is unable or unwilling to serve. This ensures that there will always be someone available to take care of your children if something happens to you.

Questions? Struggling to Decide? Work With an Estate Planning Attorney

Working with an experienced estate planning attorney is crucial when it comes to choosing a legal guardian for your minor children. An attorney can help you navigate the process and ensure that all of your wishes are carried out. They can also help you choose a legal guardian who is best suited to take care of your children and who will follow your wishes.

Choosing a legal guardian for your minor children is an important part of estate planning. It is important to choose someone you trust, who has the capacity to parent, and whose life situation mirrors what you want for your child. It is also important to make them aware of your wishes and consider naming a backup legal guardian. If you’re in the greater Milwaukee area, working with a local estate planning lawyer like me, Paul Margerie, is crucial to ensure that all of your wishes are carried out.