Lincoln & Wenk, PLLC

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Protect your minor kids by officially naming a guardian

| Sep 29, 2018 | Uncategorized

If you are one of the numerous Arizona residents who have young children still living at home, you likely have ideas about who you would want to take care of them if anything were to happen to you or their other parent. It is one thing to have an idea and another to actually have a legally binding plan in place. You can protect your minor children and prevent family conflict by officially naming a guardian for them.

Setting up a guardianship for this purpose is probably easier than you think. It is a matter of stating your wishes in your will.

Choosing a guardian

In order for the court to approve your guardian of choice, you need to choose a person who is of legal age and capable of handling the responsibility. A few factors to consider when picking a guardian for your children are:

  • His or her financial situation
  • His or her available time
  • His or her desire to raise your children
  • His or her physical capability of caring for your children

If you do not take the above into consideration when you name a guardian in your will, the person you chose may refuse the role or the court may refuse to grant the individual the role.

Duty of a guardian

The responsibilities of a guardian are many. Not only will this person be responsible for the day-to-day care of your children, but he or she will also bear the financial burden of caring for your children. This is not something everyone is prepared to do.

At the end of the day, this is a position that should only go to the individual or individuals who will have your children’s best interests at heart, is capable of caring for them and will raise them the way you want them to be raised. If you are not sure how to name a guardian or need some advice on your choice, a legal representative may be of assistance to you.

You want to protect your kids, you want to make sure they are safe and you do not want to leave anything to chance. Officially naming a guardian in your will is the only way to ensure your children end up in good hands in the event you are no longer around to care for them.

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