Be Sure Your Named Guardian Will Serve
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by: RobinsonLawNY
Word Count: 2590
Date: Fri, 1 Jul 2011 Time: 5:06 AM
Have you asked the guardian that you named in your will if he or she will actually serve if needed? When you name anyone in a position of authority in your estate plan be sure that he or she is actually willing to serve.
Communicate with your named guardians
If the worst happens and you are killed, you can avoid much pain and fear for your children by planning ahead and communicating with loved ones you wish to name to care for your children.
If the person you named refuses to serve as guardian and no one else will step up to accept the responsibility, your children will be place into foster care. If you have multiple children, they may be separated and placed into different families.
Always name back up guardians
Always name a successor guardian in case your primary guardians are unable to serve as nominated. Life changes as it unfolds, your primary guardians may get divorced, move to another country, suffer health problems, or just change their minds.
Or, your guardian may be travelling such as on a cruise and be out of touch. You need the successor guardians to care for the children until the primary guardians can take over.
If you don’t, tragedy may strike twice: Your children may be placed into foster care or loved ones may fight over who gets the kids.
Update your estate plan every three to five years
Be sure that you update your estate plan every three to five years and review your guardian nomination at that time. Does the originally named guardian still make sense? Or, do you need to update your choices? If you update, be sure to communicate with the newly named guardian to ensure that he will serve.
Be sure to name a stand-by guardian/child care power of attorney agent
Remember that your will, naming guardians for minor children, is not effective until you die. If you are alive but unable to care for your children, there is no one who has authority to take care of your children and they may be placed into foster care.
You need to execute a stand-by guardian/child care power of attorney document to protect your children.
About the Author
Experienced estate planning attorneys Naples NY of the Law Office of Michael Robinson P.C. offers estate planning and business planning resources to residents of Naples NY. To learn more about these free resources, please visit www.mrobinsonlaw.com today.
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