Guardianship

Guardianship is an essential provision in a Will that appoints a named individual to take care of minor children in case of the parent’s demise. As a parent, it’s a crucial responsibility to make provisions for your children’s welfare, especially when you’re not around. Here’s a guide to help you understand guardianship in Wills and how it works.

Why is a guardianship provision important in a Will?

Guardianship provision in a Will is crucial for several reasons.

 Firstly, it protects your child's future after you pass away. If you do not have a well-defined guardianship provision, the court will appoint a guardian based on their discretion, and this may not be the guardian you would have chosen.

Secondly, it ensures that your child's best interests are represented when it comes to decision-making. When a guardian is appointed, they must make all legal, financial, and personal decisions on behalf of the child. 

Thirdly, a guardianship provision keeps your child from foster care. In the absence of a Will, a child may be taken into foster care if no relative or guardian is available. This provision helps to prevent that possibility.

What factors should you consider when choosing a guardian?

Choosing the right guardian for your child is an essential factor to consider when designing your Will's guardianship provision. Some of the factors to consider include;

1. A person who shares your values and parenting style.

2. A person who will ensure your child's education, health, and welfare needs are met.

3. A person with the financial and personal ability to take care of your child.

4. A person who has a relationship with your child and your family.

In conclusion, a guardianship provision in a Will is an essential aspect of estate planning that provides a legal framework for the care of minor children in case of the parents' demise. It's essential to consider all the possible scenarios when choosing a guardian to ensure that your child's rights and interests are protected. It's always advisable to consult an estate planning attorney to ensure that your will complies with the legal requirements of your estate.