Legal Guardian Considerations

October 10th, 2022
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If you are making a Will, there are many legal guardian considerations to think about. Aside from designating how your assets will handled, deciding a legal guardian for your children is a big part of your estate planning, especially if your children are very young. It’s important to consider all the factors when picking who will raise your children in the event of your death. You’ll want to think about their lifestyle choices and whether or not they’d be a good fit. In addition, consider their location and how it will affect your child to move. And finally, consider their financial situation and make sure that it’s a good fit for your kids. Hopefully, you won’t ever have to re-visit this discussion, but knowing that your children will be taken care of in the event of your death can give you peace of mind.


One of the legal guardian considerations that’s very important is to think about lifestyle. When you’re debating who to choose, you’ll want to pick somebody that respects the choices you make for your family, and will honor your wishes. Consider their religious beliefs, discipline practices, thoughts on education, and other general lifestyle choices.


In addition to lifestyle, another of the legal guardian considerations is location. Consider how far away your candidate lives from your current home. If your children go to live with them, will it mean moving to a new city? Leaving their friends and other family members behind? Changing schools? All of these are important things to think about.

Big Picture

It’s also important to look at the big picture as one of your legal guardian considerations. This is a person that will be taking in your child in the event of your death. Are they the type of person that can help guide your child through this grief process? Do they have a support network around them that will pitch in and help out? Do they have other children that will now be siblings to your kids? It’s important to really think about how your children will fit in with their family.


Finally, finances are another of the trustee considerations that you should pay attention to. You’ll want to pick a family that treats finances in a similar way as you, and will pass along this to your kids. In addition, you probably want your children to maintain a somewhat similar lifestyle to the one that you provide them. Luckily, you can have a little say in this matter by leaving money to your children via their trustee for their upkeep. However, you’ll still want to make sure that you pick somebody that will give your children the future you want for them.

Picking a legal guardian is one of the most difficult parts of estate planning. There are so many things to consider when thinking about the horrible possibility of another person raising your children. However, taking time to think about these legal guardian considerations can give you peace of mind. Think about the lifestyle choices of your potential candidates and whether they will honor your wishes for your children’s upbringing. In addition, consider their location and how much change this will entail for your children in a time that is already very difficult. Consider the bigger picture of their family dynamics and support network. And finally, think about their financial situation and whether or not they can provide the kind of lifestyle you wish for your children. Hopefully, you’ll be able to come up with a choice that makes you feel comfortable knowing that your children would be in good hands if anything ever were to happen to you.