Parents are allowed to appoint a legal guardian for their own child, and doing so is good planning. If something were to happen that made you unable to care for your children, a guardian would have to be appointed. If you decide a ahead of time who you would like as a guardian, you can choose someone who you know and trust.
The best way to choose someone as a potential guardian is to declare it in your will. You can add a clause to your will that states who you want to raise your children, in case you become incapacitated. You should name your chosen guardian in your will, and name one person as an alternate in case your first choice cannot fulfill the position for some reason. It is also allowed to choose a different guardian for each child, or even create more than one guardian for one child. However, choosing more than on guardian for one child could potentially cause conflict between the two guardians, if they disagree on something. Still, this route can be beneficial if the two guardians you name are married partners.
When choosing a guardian, take the following into consideration:
- The guardian must be of legal adult age in your state, usually 18.
- Be sure that the legal guardian has a genuine interest in your children’s welfare
- The legal guardian must be willing and physically able to fulfill the responsibilities
- The legal guardian must have enough time to care for your children
- The new guardian’s children or lack of children, and how that will affect your children
- The guardian must be able to afford to raise your children, either through his or her own income or through assets you leave for the care of your children
- The guardian should have similar morals to yours or those you would feel comfortable being instilled in your children
It is also recommended that you leave a letter for the judge explaining your guardian choice. The court makes all decisions related to a child based on the best interests of the child, so your letter should outline why your choice is in your child’s best interests. The judges also commonly consider:
- the child’s preference
- who can provide the best stability and continuous care
- who can best fulfill the child’s needs
- the relationship between the child and potential legal guardian
- the moral character, fitness, and conduct of the potential guardian
Becoming or choosing a legal guardian is a huge task, and should be taken very seriously. If you are named a guardian or would like to be a guardian, there are a variety of things you should take into consideration. Anyone becoming a guardian should ask themselves:
- Am I ready to continuously fulfill the child’s needs?
- Do I have the time and energy to raise a child?
- Am I ready to accept full liability for the child’s actions?
- Do I have a strong relationship with the child?
- Am I ready to manage the child’s finances and provide records to the court?
- Am I ready to go through the court proceedings necessary to obtain permission to handle certain financial issues?
- What is my relationship with the child’s parents like? Will they support my guardianship, or be hostile?
- How will the guardianship affect my own family, health, job, and life?
- What is my financial situation? If the child’s care is funded through social security, government assistance, the parents, or assets from a deceased parent, are those funds enough?
- Am I willing and able to spend my own money on the care of this child?
