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As a parent, you agonize over the care of your child. Are they eating enough? Sleeping enough? Hitting the right benchmarks? But have you thought about their care if you are not around?

Many parents have not got around to making a will to name guardians for their young children. According to a 2017 Caring.com poll, 58% of Americans don’t have a will.  That means a large percentage of parents have not made provisions for their children if something happened to them.

Choosing guardians for your children

A will is where you designate guardians for children. The guardians are responsible for your child’s care, support, education, and maintenance. If you do not name guardians for your children, it is left up to a busy court to decide who will care for them. What if many people came forward to claim them? What if no one came forward?

A court will give great weight to your choice of guardians. However, they will do what is in the best interests of the child. If your designated guardian became involved in drugs, family members could petition the court and provide evidence that you would not have made that choice if you had that information.

How do you choose the “right” guardian? 

Ideally, you and your partner will agree on who will be the best guardian for your child. If there is a difference of opinion, make a list of the pros and cons, and you may find your candidate.

Some questions to ask:

• How will they raise your child?
• Will they follow your values and religious beliefs?
• Will they stay in close contact with your extended family?
• Are they financially, physically, and emotionally stable to handle the care of your child?
• How comfortable will your child be with the guardian?
• Does your child have a close relationship with the guardian?
• Is relocation involved? Can your child stay within their home area?

When making these difficult decisions, an estate planning attorney’s help can be invaluable.

What if my guardian isn’t “perfect”? 

Short of Mary Poppins, there is no one better than you to parent your child. But it is important to name someone. Don’t worry if they aren’t good with managing money. If they are a loving caregiver, you can set up a trust with a trustee to handle the money for your children’s benefit. Again, an estate planning attorney has solutions for your challenges.

You must make the choice

In conclusion, choosing guardians for your young children and naming them in a will is one of the most critical things you can do as a parent. You know what is in the best interests of your child.  Make the decision secure your child’s future. Do not leave it up to chance.

Parts of this article have been excerpted from Estate Planning for the Sandwich Generation: How to Help Your Parents and Protect Your Kids.

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