Have you ever thought about who takes care of your kids if something happens to you and you haven’t chosen a Legal Guardian? Don’t just consider the obvious choice, i.e. your parents or other relative. A Guardian does not have to be a relative. It can be almost anyone. But don’t leave it up to a Judge!
If you chose an older adult, consider their health. If you have young children, will your Guardian have enough energy to deal with this? If your Guardian has children of their own, how will your children integrate with the Guardian’s children? Consider what happens if you’ve chosen a couple and they divorce or one of them dies. Would you be comfortable with either of them being the sole Guardian?
Consider the personality to which your children will be exposed. Is the Guardian that you’ve chosen loving, caring and a good role model? Are they kind, patient and affectionate? Chose a Guardian that will provide well for your children with love and emotional support considering the loss that they will have experienced.
Don’t restrict yourself to choosing a Guardian that has money. That should not be your primary concern. The most important things to consider is who shares your values and belief system, i.e. religious, moral, child-rearing philosophy, and education.
Write down the reasons why you have chosen a certain person as Guardian in order to minimize a Court-challenge to your choice. Make sure you have discussed your choice with the person(s) chosen.
Finally, consult with an experienced Estate Attorney!