Posts Tagged Guardianship

What If You And Your Child’s Other Parent Cannot Agree On A Guardian?

On February 9, 2021   /   Blog  
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What If You And Your Child’s Other Parent Cannot Agree On A Guardian?

It goes without saying that you and your child’s other parent should name the same guardian for your children. But what if you are divorced, or for whatever reason you and your spouse cannot agree on the most suitable guardian? Naming different guardians will lead to a battle in court should you and the children’s other parent pass away while your children are still minors. The decision over guardianship will then be in the judge’s hands. Part of the solution this situation is to leave a Letter of Explanation outlining your reasons for choice of guardian. It is important to have an experienced attorney assist you in the drafting of such a letter, but here are the basics of what should bet included: Who the children would prefer, that is, the relationship between the children and the prospective guardian Why your choice of guardian will best meet the children’s needs,

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Eight Factors To Consider When Choosing A Guardian For Your Children

On February 4, 2021   /   Blog  
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Eight Factors To Consider When Choosing A Guardian For Your Children

Who should raise your children if for some reason you or your spouse is unable to do so? It’s not an easy question to answer, but if you have young children, it is a topic you most certainly should address in your estate plan. Otherwise, a court will decide, and their decision will probably not be the same as the one you would have made, and may not even be in the best interests of your children. Some of the most important issues to consider when choosing a guardian include: Does the prospective guardian have a genuine interest in your children’s well-being? Does the prospective guardian share your values? Can he or she handle the role physically and emotionally? What about financially, if you cannot provide him or her with enough assets to raise your children? Does the prospective guardian already have children of his or her own? Will he

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The Growing Problem of Guardianship Abuse

On June 4, 2020   /   Blog  
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The Growing Problem of Guardianship Abuse

Guardianship is a process designed to protect seniors who can no longer manage their own affairs. Tragically, predators increasingly exploit the system to take advantage of vulnerable seniors for personal gain. The guardianship process typically begins when a member of the senior’s family or a social worker notifies the court that the individual in question is unable to care for himself or herself. In many situations, the court names a family member as guardian. However, when families cannot agree on who should act as guardian, or no family members are available to assume this responsibility, the court can appoint a public guardian, also known as a professional guardian. In theory, public guardians are neutral parties dedicated solely to the well being of the ward (the ward is the person being looked after by the guardian). The problem is that many states fail to adequately monitor guardians, enabling unscrupulous public guardians

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Choosing a Guardian for Minor Children

On January 28, 2020   /   Blog  
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Choosing a Guardian for Minor Children

If something terrible happened to you and your spouse, what would become of your children? It’s not something anyone wants to think about, but think about it we must. By naming a guardian for your minor children, you can help ensure they will be raised according to your wishes. The question is, how do you choose the proper guardian? Here are several factors to consider. The ability and willingness of the guardian to serve. Will the prospective guardian be able to meet the physical and economic demands of raising a child? Even more important, is the prospective guardian willing to serve in the first place? The last thing you want to do is name a guardian before speaking at length with the person you have in mind. Values. Ideally, the prospective guardian will share your child-rearing philosophy, values, views on education, religious beliefs, and other fundamental principles. Geography. If the

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