Certified Specialist-Estate Planning, Trust and Probate Law

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  • WHAT WE DO

    WHAT WE DO

Guardianship

Guardianship

When people think about estate planning, they likely think of distribution of their assets. However, for those young families with young children, one extremely critical aspect of an estate plan is the ability to appoint a guardian of your minor child(ren).

Should something happen to both parents, what would happen to your minor children? Well for those parents who have not planned, the government has a plan and it’s called a Guardianship Proceeding. During this proceeding, the Court will determine who the Guardian will be over your minor child(ren). What are the chances the judge (a total stranger to your family) will choose the person you would have chosen? Not likely!!!

For many parents, this is beyond difficult think about because they cannot imagine somebody else raising their children. We understand that there is nobody out there that can replace you and raise your child in the same manner that you would, but wouldn’t it be nice if you helped guide the court in determining the right Guardian of your minor child should be? That’s exactly what you can do, you can do exactly that and great parents do through their estate plans. In an estate plan, typically in a Will, parents of young children can nominate the individuals that they feel do the best job – such as parents, siblings, other relatives or close friends.

We find this is one of the most emotional decisions young parents make, but it’s an extremely important one and can make all the difference in the world for the minor child. We hope you never have to leave behind a young child.

The following are some thoughts to consider:

  • How is the potential guardian
  • What are their values (religious, moral, etc.)
  • What is their level of willingness to raise a minor child
  • What is their marital status (single, divorced)
  • Where do they reside
  • What is their health condition
  • What is their relationship like with your child
  • What are your child’s preferences

Here at Anderson Law, we understand the emotional difficulty that comes with making decisions that involve young children because we are parents of minors. It’s our goal to help guide you so that you can make the very best decision for your family.

If you have not yet planned for a Guardian over your minor children or if you have any questions about the process, please feel free to contact us at 657-387-1108.

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