Articles from Mair Law Offices

One of the biggest reasons young couples people put off estate planning is they can’t decide on guardians for their children. It’s hard to think about having someone else raise your children. Now consider how your children will be affected if something happens to you and you haven’t selected a guardian or the best possible guardian. Think about family members fighting over guardianship. Think about your children being placed with the wrong family member by a court.

You can’t just call a friend or family member and agree that he or she will be the guardian – there are legal requirements that must be followed. That’s something for you lawyer to ensure. What you need to consider is how to choose the right person to care for your children.

• Consider all possible options. Most people will only consider family members when selecting guardians. You should also consider close friends with similar values and children of similar ages. Don’t worry about hurt feelings – worry about the future of your children.

• Guardians do not have to be people with money. With a properly structured estate plan, financial issues can be planned for either through your assets or life insurance.

• Think about the environment (emotional and physical) the guardians will provide. Your children are going through a very tough time and will require emotional support and will need to be comfortable with their guardians and others living in the house as well as their physical surroundings. Are they smokers? Is the house a mess? Will the children have their own room?

• The guardians should have similar values. Are they religious? What are their dietary habits (healthy, vegetarian)? Do they drink alcohol more often then you feel is appropriate? How do they feel about education, athletics and your children’s other activities? Will they make an effort to connect with your family members?

• If you are considering grandparents, are they healthy? You don’t want your children to be moved again. Can they keep up with your children’s schedule?

• If you are considering siblings, are their children of similar age? Do they have time to handle all of your children’s needs and activities?

You should document your reasons for selecting a guardian. Family members often believe that they should have been selected as the guardian. If they decide to challenge your selection (especially if you have chosen a friend over family), documentation will help demonstrate to the court the reasons for your decision.

You also need to take the time to have a conversation with the people you select as the guardians. It is certainly an honor, but it is also a huge responsibility. You want to be sure that they are willing to undertake the responsibility.

Finally, remember to reconsider your selection from time to time.  Are you still close friends?  Are they still healthy enough to care for your children? Has there been some change in circumstances that would warrant a new selection?  It’s easy to change the guardian, you just need to remember.

Still not sure what to do? At least do yourself and your children a favor by meeting with an estate planning attorney. We invite you to call our office at 508.250.0797 or email info@gmairlaw.com to schedule a free estate planning session with the mention of this article. If you would like to be notified of future articles, please subscribe to our blog in the right hand column.

This article is intended to inform you of developments in the law and to provide information of general interest. It is not intended to constitute legal advice regarding a client’s specific legal issues and should not be relied upon as such. This article may be considered advertising under the rules of the Massachusetts Supreme Judicial Court.