Factors to Consider When Selecting a Guardian for Your Children

Author

Bellomo & Associates

For more information about the author, click to view their website: Bellomo & Associates

Posted on

Jun 08, 2023

Book/Edition

Pennsylvania - South Central PA

Share This

When I ask my clients what is driving them to come to see me for estate planning, I usually get the same answer; we want to make sure that our family is taken care of if something ever goes wrong. It’s a simple enough objective, but all too often clients are only thinking in terms of financial help for their family. One of the most important things a parent should include in a Will has nothing to do with money, it is deciding who would be their preferred choice of guardian for their minor child(ren) in the event of the parent’s death.

A guardian is a Court appointed person who can legally care for a child who has lost both of their biological or adopted parents. A guardian is appointed only by a Judge after judicial proceedings. During that proceeding, the Judge will consider evidence to decide who is the best person to care for that child now that the parents are deceased. An overwhelming piece of evidence in that decision would be the deceased parent’s choice of guardian, which is commonly listed in their Will. Here are some factors to consider when trying to decide who would be a good choice of guardian for your child(ren):

Have that discussion. No matter who you ultimately decide would be a good choice of guardian for your child(ren), be sure to have a talk with that person to make sure this is a responsibility they are prepared to take on. Serving as a guardian for a child is an awesome responsibility, make sure your guardian is willing to assume this responsibility before making your choice.

Plan for the immediate future, not forever. Remember, you can always revise your Will in order to change your list of preferred guardians over time. Therefore, choose guardians who would best serve your child(ren) now, and in the next few years. The right choice for a toddler may not be the right choice for a teenager.

Have a backup plan. Never just list one choice for the guardian of your child(ren). It is important to always list at least one backup choice. Your first choice may not be able to serve for many reasons, so always be sure to include a second or third choice.

What if I don’t think anyone in my family is the right fit? Your preferred choice of guardian for your children does not have to be a family member. You can choose anyone who you feel would be best suited to serve in that capacity. When making the decision as to who should serve as a guardian the Court simply makes that decision based upon what is in the best interest of the child. The Court is not restricted to only considering family members.

Remember, don’t get caught up in just focusing on financial oversight. Engage in a thoughtful analysis of what the real-world implications would look like if your guardian were doing your parenting. From daily life to finances, and everything in between. By doing so, you will ensure your children are best cared for if the unimaginable would ever occurs.

Other Articles You May Like

Estate Plan Check-Ups

Estate Plan Check-UpsEffective estate planning is personal, and its more than just deciding who to leave your assets to once you die.  Effective estate planning  is a comprehensive process that encompasses pre-need planning: health care decisions, financial management, and maintaining a delicate balance between independence and security.  Like your preventive doctor visits, you should regularly check in on your estate plan to ensure it fits your current needs, considers and plans for potential future care needs, and will give effect to your wishes now and in the future. Generally, estate planning involves creating a last will and testament, possibly a revocable trust, possibly an asset protection trust or a supplemental needs trust for a loved one who is unable to manage finances or may be vulnerable to abuse or exploitation.  Estate planning also involves important advanced directives, such as a durable financial power of attorney, a health care power of attorney, and a living will.   Creating an estate plan, or getting my affairs in order, tends to be an item on our to-do lists, for us to get done and move on to the next thing. However, while it may not be something you have to look at every month, or even every year, once your initial estate plan is completed, it is something that needs to be reviewed with some regularity.Most people get an annual physical when they are healthy, not when they are sick. They do this because they want to proactively spot any issues that could cause them to become ill in the future. The same concept can and should be applied when it comes to reviewing and updating your estate plan. Your estate plan may be healthy now, but you want to make sure that it stays that way by checking it regularly, to ensure it fits your needs and family circumstances, protects and provides for you now, and  accomplishes your goals and wishes in the future. Editors Note: This article is for informational purposes only and is not intended to be legal advice.  This article was submitted by Ashley Day, Esq.  Ashley Day Law, LLC.  Reach her at 251-277-3377. 

Nurturing Harmony in Caregiving: Open Communication and Conflict Prevention

Caring for aging parents involves crucial decisions regarding who will provide the necessary care and in what setting. However, these decisions can often give rise to conflicts among family members, particularly when one sibling assumes the role of primary caregiver. Through our work with clients and families, we frequently encounter these stressful and emotionally charged situations, creating a perfect storm for family disputes and distress.Reflecting on recent consultations with families, it becomes apparent that a key factor contributing to conflicts is the failure of aging parents to openly express their wishes and expectations regarding potential scenarios. When parents do not communicate their desires early and consistently, adult children are left to speculate about their parents preferences, leading to differences of opinion and sibling conflicts. To prevent such difficulties, we urge you to initiate conversations with your adult children about what if scenarios and discuss your wishes and preferences openly. This proactive effort can serve as your conflict prevention plan, saving you and your loved ones from engaging in conflict resolution in the future.In situations where a family member becomes a paid caregiver, it is essential to establish a formal caregiver agreement. This agreement serves multiple purposes, including clarifying the financial aspects of the care being provided. By having a caregiver agreement in place, you can prevent misunderstandings and promote a harmonious caregiving environment within your family. It ensures that everyone is on the same page and understands the expectations and parameters involved.Above all, open and honest communication is the key to fostering understanding and preventing conflicts among family members. We strongly recommend engaging in conversations early and frequently to address concerns, preferences, and potential challenges that may arise in caregiving situations. By doing so, you can promote a supportive and respectful environment where everyones needs are acknowledged and considered.At Bellomo & Associates, we believe in nurturing harmony within families facing caregiving challenges. Our experienced team is dedicated to providing comprehensive estate planning and elder law services that cater to your unique circumstances. Start the conversation with your adult children today, discussing your wishes, expectations, and potential what if scenarios. Visit our website to learn more about how we can support you and register for our free educational workshop. Let us help you pave the way for peaceful resolutions and a smoother caregiving journey.

Dealing with Deed Spam Mail

Have you recently purchased a home or made any changes to your propertys deed? Have you received an unexpected letter offering a copy of your deed for a fee? If so, youve likely encountered spam mail.Theres a company known as Land Solutions based in California that sends out Recorder of Deed Notices to individuals with newly recorded deeds. These notices claim that you can obtain a copy of your deed for a service fee of $109.00. Since the transfer of a deed is a matter of public record, they can easily access your name, address, and property information. While what theyre doing may not be a scam, we prefer to refer to it as spam. The truth is, the party responsible for transferring the deed, or even your local recorder of deeds, can provide you with a copy for a small fee or sometimes even for free. Theres no need to pay a separate company for this service.At Bellomo & Associates, many of our clients have received this type of letter, and we are delighted that they reached out to us before paying an unnecessary fee for a document we already possess on their behalf.When you receive such correspondence after making any changes, its crucial to research the company that sent it, reach out to the parties you were working with, and carefully read the fine print. In the case of these specific notices, the fine print typically states that it is not a bill but a solicitation, and you are not legally obligated to pay the amount requested.Together, we can minimize the impact of spam by working collectively and staying informed.  

Local Services By This Author

Bellomo & Associates

Estate Planning 3198 E Market St, York, Pennsylvania, 17402

We Educate so what happened to the Bellomo Family doesn't happen to yours!Our firms mission is to ensure that you and your family never needlessly, painfully suffer. Every team member has a personal story that has brought us here to advocate for you and your family. We want to replace your burden with peace of mind. We have the answers, but more important, we have your back.Bellomo & Associates, LLC advises Individuals and families, business owners, senior citizens, and their families about the estate planning and elder law challenges facing them today. For seniors and their families facing the issues of aging, or for those of any age who wish to protect their familys financial future, we counsel clients and provide solutions on Asset Protection; Specials Needs Trusts; Wills; Trust Design; Medicaid; Estate Planning; Nursing Home Matters; and Estate Administration. For our clients who own businesses, our team assists them with succession planning for their business in conjunction with their estate planning.  We have office locations in York, PA, and Lancaster, PA.We offer FREE workshops!  Our workshops are fun and entertaining ways to learn! We provide you with the information to decide what is right for you. If after attending, you decide we arent the right fit no problem! Youll never feel any pressure from our team.