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.
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 Guardian who could raise your children in ways you might not want
A Guardian Nomination tells the court your preference
Keep in mind, the Trust will allow you to maintain unlimited access to your assets while you are living. After your death, the Living Trust will appoint a successor trustee who ensures your assets and property are distributed according to your instructions contained in the Trust.
The main benefits of a Living Trust include:
- The ability to designate someone to manage your property if you become severely incapacitated. Individuals who become sick or diseased or who are otherwise unable to manage their own assets may have to have a conservatorship or guardian appointed if they have not created a Living Trust. A Living Trust, if organized appropriately, can be a great tool to avoid this inconvenience. If you have not had your Trust funded, make sure you appoint a durable Power of Attorney.
- A Living Trust allows you to avoid probate. If you have created a revocable Living Trust, the property contained in your Living Trust will not have to be probated. Your Living Trust can also remain private and does not have to be part of the public record. If your Trust is not funded prior to your death, probate may be required.
- A Living Trust may reduce the delay in property distribution after your death. A trustee may act without court supervision after your death and proceed with the terms of your Trust, avoiding delays generally caused by the probate process.
- Living Trusts can also provide a complete list of your property and other assets.
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.
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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.
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Jedediah McClure, J.D.
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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 Dateline, Investigation Discovery, the 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.
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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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