- Consumer
Guardians for Minor Children is a Critical Decision
It is essential for every parent to sign a will appointing a guardian to make decisions for any minor child. If a guardian is not appointed in your will a court will have to intervene and appoint a guardian. The person the court appoints may not be who you would choose. If appropriate provisions are not made in some instances the money the minor child inherits may end up under court supervision. There are many practical implications and considerations to how a guardian appointment is made. If you are divorced your ex-spouse if the parent for the minor child the court would probably respect that relationship. So your merely naming a different guardian may have no impact. If you name a guardian but want a couple for your minor child to live with, designated and name one as a guardian but condition that on that person being married. Don’t name co-guardians as that could be quite problematic. Also consider who will be in charge of the child’s inheritance. Some people name the same person as guardian and trustee of the child’s funds. In other instances it may be preferable to name a different person as guardian and another as trustee to create checks and balances.
