Guardianship of Minor Article
Selecting a Guardian for Your Minor Children
According to a recent survey, only 36% of U.S. parents with minor children have a will. This means that 64% of children do not have a legal guardian selected for them by their parents in the event of the unexpected. Instead, these children will be the subject of guardianship proceedings by the state court system and social services department. In the same way that parents aim to protect their children during life, parents should act to avoid such circumstances and instead ensure their children are well taken care of in the event something where to happen to them.Choosing a guardian can be overwhelming. Many couples have not finalized their will and estate plans simply because they cannot agree on a guardian. Parents should not delay for this reason. Parents should think about what qualities are most important to them in a possible future caretaker for their children. Consider the following questions:
- Who will love your children in your absence?
- Who will afford your children a safe, stable environment?
- Are there social or religious qualities that are important to you?
- Where do you want your children to live and be raised?
- Who has qualities you respect and admire and would want passed on to your children?
- Would a family member or close friend be a better caretaker?
- Who would honor your memory?
Importantly, parents should identify 2 or 3 possible guardians, to ensure a back-up plan in the event one or more guardians are unable or unwilling to act as guardian. After you’ve agreed on a list of possible guardians, schedule a time to talk to each person about the issue of guardianship. Tell them: “We are meeting with our attorney to work on our estate plans and would like to talk to you about a few issues that are important to us.”
When you’re ready to have that conversation, here are some issues you should cover:
- The ask: “We’ve thought a lot about the type of person/family we’d like to help raise our children in the event we were to pass away unexpectedly. We would be honored if you would consider acting as guardian of our children.” Let them know if there are family, religious, emotional, social, or other reasons that were important to you in selecting them as a possible guardian. You can also let them know if there are qualities or beliefs you hope they pass on to your children.
- The arrangements you’ve made: “We’re meeting with our estate planning attorney to finalize ours wills/trust. We intend to make sure you are provided with the necessary finances to care for our children.” You may want to mention if you’ve purchase life insurance or have set up trusts to assist them financially. You can also discuss if you will allow them the choice to live in your home while they are raising your children.
- Give them time: “We know this is a big responsibility. Please think about it and let us know if you will act as guardian.” Tell them when your next meeting with your attorney is and ask that they get back to you by then.
Contributing Attorney: Allison Kierman is an attorney at Kierman Law, PLC where she provides assistance with estate planning and business consulting.
Comments:
QUESTIONS
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in aug. 2011 i temporarly gave my daughter to my mom and dad. No papers were signed just a verbal agreement that they would only be taking care of her until i moved back to the county they lived in and got settled. Since Jan. 2012 i have been askin for my parents to return her and they keep refusing. Now in April i recently recieved a order of temporary gaurdianship and i need to know what i can do to contest this?
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My boyfriend and I have been living together almost a year. We have had his 14 year old son at least every other weekend of the last 5 months and he moved in with us full time a month ago. While my boyfriend is taking the steps to obtain sole custody, what paperwork do we need or what steps do we need to take so I can be legally responsible for his son when he travels for work or is unreachable? We are not married or engaged, but I have the more flexible schedule and spend more time with the son (not that it really matters, I guess).
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I have guardianship of a 16 year old boy from Kingston jamicia how can I get a green card an social security card
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do I lose my rights to my child if a grandparent is apointed permanent guardian?
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i need help trying to get started on taking guardianship of my girlfriend. shes living with me and another family i just recently got an apartment i wanted her to move in with me but shes 17 and can't be on the lease. what can i do to try and get temporary guardianship until she turns 18 in july
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what paper work do i need to give someone gaurdianship
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Our family is relocting to another state. Our 16 year old daughter is not wanting to go and says "she refuses." We are an average American family and never had a problem with our daughter. She does well in school and my wife and I have always held very good jobs. What are her rights as a minor and ours as parents. She is claiming that if she runs away, she legally cannot be "forced" to go home.
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MY FRIEND NEEDS SUPPORT RAISING HER SON. THE FATHER IS NOT AROUND. THE TODDLER'S MOM ISN'T STABLE AND I WOULD LIKE TO TAKE OVER OF HIS MEDICAL. WHAT INITIAL STEPS MUST I TAKE.
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How can I get Immediate Temporary Guardianship of a minor when CPS from the reservation is involved? I am helping CPS, and I'm the next closest family member to the minor but I would like to get them with me right away.
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Our friend who was a single parent caring for her 13 year old son just past away. The father has always been in the life of this child and now has promised to dedicate all that is needed to continue raising him. My concern is if something happens to his father and if there is a legal actiin that can take place prior in order to avoid this child ever becoming involved with state litigation etc
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