Selecting a Guardian: Frequently Asked Questions
Posted by Amanda Wojtkowski on January 03, 2025
As a parent, especially with young children, you may be contemplating the important decision of naming a guardian for your child. This can be a challenging task, especially if you have multiple options or, conversely, no one you feel confident in.
Here are some answers to frequently asked questions about guardianship:
How Do I Choose a Guardian for My Child?
In most cases, whether you are a single parent or part of a parenting couple, you will designate a guardian in a legally valid will. This ensures that the guardian will take care of your child if you (or you and your partner) pass away unexpectedly. A similar provision can address issues of incapacitation.
It's crucial to choose the best person for the role and to designate an alternate in case your first choice is unable to fulfill the duties. Parents often name a married couple who are relatives or close friends. If you choose this approach, make sure both spouses have the legal authority to act on your child's behalf.
Additionally, select someone who has the necessary time and resources to take on this significant responsibility. While it's generally not recommended, you can name different guardians for different children.
Consider the living arrangements and the geographic location where your child would live if the guardian assumes legal responsibilities. Think about whether you want to uproot your child and send them to live far from familiar surroundings.
Do I Have to Justify My Decision?
No, you don't have to justify your decision. However, it can be beneficial to prepare a letter of explanation for any judge presiding over a guardianship matter for your family. This letter can provide insights into your choice of guardian.
The judge will apply a standard based on the child's "best interests," so you should explain why the guardian you've named is the best choice. Focus on aspects such as the child's preferences, who can best meet the child's needs, the moral and ethical character of the potential guardian, and the guardian's relationship to the child.
Whether you are naming a guardian for your child in your will or attempting to become a guardian yourself, you must adhere to the legal principles under state and local law. Fortunately, we can provide any necessary guidance.
for more information
Amanda joined the Firm in January 2018 as a tax staff accountant after interning for the Firm in 2017. She is now a manager and specializes in tax compliance for individuals, trusts, and estates, and also provides tax services to privately held businesses and private foundations.