Name a Guardian for Your Kids

Estate Law   >   Name a Guardian for your Kids

Choosing a Guardian for Your Kids

Have you considered what would happen to your kids if you were no longer able to care for them? If you and your spouse die or in someway incapacitated, who would get custody of your minor children?

Although minors cannot generally nominate their own guardian, a parent can nominate a guardian through a legal document known as a Guardian Nomination. 

IF YOU HAVE MINOR CHILDREN, IT IS CRUCIAL TO NOMINATE SOMEONE TO ACT AS THEIR GUARDIAN IN YOUR ESTATE PLAN! 

A Guardian Nomination will allow you to choose who will take care of your children if something happens to you. You can also identify alternates to serve if your first preference is unable or unwilling to do so. This let’s you stay in control of who raises your children and how they are raised.

Long and contested guardianships can be traumatizing for children. If you wish to provide the best life for your kids after you are gone, nominating someone to serve as their guardian is a necessity. 

To create your Supernus Guardian Nomination, click here.

You Control Who Becomes Guardian of Your Kids, Not the Courts or Social Services.

If you and your spouse die or are incapacitated, you will need someone to take care of your minor children.  

In this situation the court is required to intervene and appoint someone to act as their Guardian. This means that a stranger – a judge who doesn’t know your history, your personal values, or your parenting style  – will make the incredibly important decision about who will raise your kids. 

Without a Guardian Nomination, you run the risk that the court will appoint a person you do not want raising your kids or who might raise your children in ways you might not want. You also run the risk that your children could be separated and raised in different homes.

You Avoid Expensive and Unnecessary Family Conflict.

Without clear guidance to your extended family, disputes among family members could arise as to who the Guardians should be. Long and contested guardianships can be traumatizing for children. Having a Guardian Nomination is a vital step toward keeping your family out of expensive, unnecessary, and emotionally damaging conflict.

You Can Confidentially Exclude Specific People From Becoming Your Kid’s Guardian.

We all have people in our extended families that we would never want raising our kids. Maybe they have an addiction or psychological problems. Maybe they are just irresponsible, or maintain a lifestyle that conflicts with the values you want your children to learn. Or, maybe there are darker motivations at work and they want to be Guardian so they can have access to your kids’ inheritance. Whatever the reason, you have the ability to specifically exclude a person from becoming your kids’ Guardian. And best of all, it can be done in a confidential way so you don’t damage an existing relationship.

To create your Supernus Guardian Nomination, click here.

No, it is not. Many Wills do not include a guardianship provision for the care of minor children, and even if it did, generally most family members won’t have copies of the Will and most people don’t even look at the Will until after the funeral. That means it won’t be helpful in an emergency. 

And naming a godparent has no legal authority in the courts or with Social Services.

That means it will be left to the court or Social Services to make the important decisions about the care of your children.

A Guardian Nomination is an independent legal document that identifies your primary choice to care for your children. It  carries significant weight with Social Services and the Court and in most instances it will allow the chosen guardian to take immediate custody of your kids in an emergency.

A Guardian Nomination is the vital first step to ensuring your kids are raised by the people you want and in the way you want.

To create your Supernus Guardian Nomination, click here.

If something happens to you and you have not named legal guardians for your children, a Judge or government official you do not know, and who does not know your your values and parenting style, will decide who raises your kids. 

Not naming a guardian could also result in long and contested guardianship disputes if multiple family members fight over who should be the guardians or how your kids should be raised. This is especially of concern if/when an inheritance is involved. These disputes can be very destructive to a family and can be traumatizing to your kids.

A Guardian Nomination legally documents for the court your preferences for who should raise your kids. A Guardian Nomination can help eliminate the Judge’s guesswork, avoid confusion, and reduce family disputes.

To create your Supernus Guardian Nomination, click here.

Choosing the right guardian is very important and should not be taken lightly. 

There are several factors that should be considered when choosing a guardian. Does the person share your values and beliefs? Will they raise your kids with those values and beliefs? Is the personal responsible? Is the personal already overburdened with their own responsibilities? Is the person married or single, and what happens if later on they become married or single? And, can they afford to raise your kids?

Of these considerations, having shared values and beliefs is the most important. You want your children to be raised with your own values and beliefs and that is difficult for a guardian to do unless they share those same values and beliefs.

Our Leave a Legacy Program is designed to help you leave specific instructions for your guardian about how your children are to be raised. It also provides a way for you to teach your children about their heritage, important family traditions, and the experiences that made you the person you are. For more information about the Leave a Legacy Program, click here.

To choose a guardian, start by making a the things that are most important to you, such as your value system, living location (is it important that your kids are raised in a specific town or location?), temperament, parenting style, long-term goals, etc. Rank each item on your list in order of preference (which of these things is most important to you?)

Then, make a list of people who would be willing and able to act as guardian of your kids. As you make this list, consider how they rank in terms of the items in the first list and then rank each person in order of preference.

To create your Supernus Guardian Nomination, click here.

It is vitally important that your guardian has the financial means to raise your kids, but their current financial capabilities should not be a high consideration. It is your responsibility, as the parents, to financially provide for your kids’ care.

With a Supernus Legacy Trust funded with a life insurance policy, you can ensure that there will be money to take care of your kids after you are gone, even if you don’t have any assets or savings currently.

How the Supernus Legacy Trust Works

Our Trust allows you to set the terms of how and when money or an inheritance is distributed to your kids. It can used to provide them with a comfortable home while growing up, to pay for their college, or provide them with regular income throughout their life or at various intervals during their life. You would appoint a Trustee to manage the Trust and ensure distributions are made according to your instructions. A Trustee is bound to follow the exact instructions you provided in the Trust.

Funding the Trust with a life insurance policy is an easy and inexpensive way to provide your kids with an inheritance if you were to suddenly die. The insurance policy would be paid directly to the Trust and managed by your Trustee, thus ensuring that your kid’s financial needs will be taken care of.

You do not want your kids to a serious financial burden on the chosen guardian and you don’t want to rule out your top choice because that person can’t afford it. Choosing to use a Supernus Legacy Trust removes that financial concern and will allow you to choose the person who will truly be the best guardian, not just a person who can currently afford it.

To create your Supernus Guardian Nomination, click here.

Yes. 

With our Leave a Legacy Program you can confidentially exclude specific people from becoming your kid’s guardian.

We all have people in our extended families that we would never want raising our kids. Maybe they have an addiction or psychological problems. Maybe they are just irresponsible, or maintain a lifestyle that conflicts with the values you want your children to learn. Or, maybe they want to be Guardian so they can have access to your kids’ inheritance. Whatever the reason, you have the ability to specifically exclude a person from becoming your kids’ Guardian. And best of all, it can be done in a confidential way so you don’t damage an existing relationship.

To create your Supernus Guardian Nomination, click here.

No, probably not. A guardian cannot be forced to parent in any specific way or do things the way you would have done them. That is why it is so important to choose a guardian who shares your values and beliefs. 

However, you can provide guidance and insight as to how you would like your kids to be raised. The Leave a Legacy Program allows you to provide specific instructions for the guardian about how you want your kids to be raised and what values are important to you. It also allows you to pass on important information about their heritage, family traditions and customs, and stories about the events that shaped your life.

To create your Supernus Guardian Nomination, click here.

Creating a Guardian Nomination with the Supernus Guardian Nomination program is fast, easy, and convenient. It takes less than 10 minutes and can be completed from any location where you have access to the internet. Once created, you only need to print the document and following the signing instructions and that’s it. Protecting your kid’s future has never been easier!

To create your Supernus Guardian Nomination, click here.

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The Supernus Business & Law Center will work directly with your family to insure that you will receive the best estate planning available. We know that every family needs proper estate planning, which is why Supernus offers affordable estate plans for every family situation and every price range. Supernus‘s mission is simple: to help every family have access to quality estate planning at a cost they can afford. We provide expert estate planning, Wills and Trusts, Powers of Attorney, Guardian Nominations, Buy-Sell Agreements, Asset Protection, and many other family planning services you may need.

You can trust the Supernus Business & Law Center to create a comprehensive plan for your estate that is uniquely tailored for your own specific situation that will enable you to leave behind more asset value and fewer complications for your loved ones.

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Jedediah McClure, J.D.
Founder of the Supernus Business & Law Center

About the Founder

Jedediah McClure is an attorney, former business professor, successful entrepreneur, and award-winning author. He has built multi-million dollar companies in multiple industries, is an accomplished public speaker, and has received wide-spread praise for his ability to educate and inspire others. He has been featured on NBC’s DatelineInvestigation Discoverythe New York Times, and Bloomberg’s BusinessWeek.

Because he has actually owned and run multiple businesses with hundreds of employees and millions of dollars in assets, he knows how to help his clients protect themselves and their assets in ways that truly impact them and their companies.

Jedediah has devoted his life to helping small business owners create successful companies, build wealth, and make life better.

Here’s what Business Owners are saying….

“I can’t speak highly enough of this man, his goodness, integrity, commitment, passion, and loyalty as well as his ability to get down to business and get things done. He is one in a million!”
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“His invaluable, from-the-trenches, insights have saved his clients millions of dollars and has made the difference between successful investing and life-altering mistakes.”
Robert Sproat ~ President of The Phoenix Productions Group, LLC

This man was born to lead and transform lives. Jedediah is a Superstar in every way!”
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Without Jedediah I would still be at the starting line. 
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These materials have been prepared by the Supernus Business & Law Center for informational purposes only and are not intended as legal advice. Transmission of this information is not intended to create, and receipt does not constitute, an attorney-client relationship between the sender and receiver. Internet subscribers and online readers should not act upon this information without first seeking professional legal counsel.

Jedediah McClure, J.D. is a best-selling and award-winning author, business professor, investor, entrepreneur, and former business executive turned attorney.  He has built multi-million dollar companies in multiple industries, is an accomplished public speaker, and has received wide-spread praise for his ability to educate and inspire others. He has been featured on NBC’s Dateline,  Investigation Discovery, the New York Times, and Bloomberg BusinessWeek.

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