Naming a Guardian for your minor child is one of the most important decisions you will make when creating an estate plan.  The Guardian you choose is the person who will have the legal authority to raise and care for you child in the event you are no longer living.

The following are common mistakes parents make when naming Guardians for their children.

1.     Procrastinating or not naming anyone.  If you have not named a Guardian in your Will, then the Court will decide who will assume responsibility for your child’s care.  The Judge may not choose the person you would have chosen to love and nurture your child, in fact the Judge may pick the person you absolutely would NOT want to parent your child.

2.     Naming a married couple without making a contingent plan in the case of the death of one of them, or their divorce.   For example, if you only want a person to serve as Guardian if they are married to your sister, then it is important that you only name your sister as the Guardian in your Will, or write in a contingency plan should the couple divorce, or if your sister passes away.

3.     Only naming Guardians in a Will.  When you name a Guardian in your Will, you are ensuring that after you pass away, that your children are well taken care of by the people of your choosing.  However, in the event that you become incapacitated, in other words, you are alive but unable to care for your children, you should have a Temporary Guardian named.  A Will is only effective to name Guardians after you pass away, a Temporary Guardian form allows you to pick someone who has the legal authority to take care of your children and sign for legal, educational, and health care matters for your children while you are alive but unable to take care of these matters yourself.

4.     Choosing only one Guardian.    Many estate plans we review have only one Guardian named.  It is important to plan for the contingency that your chosen Guardian is not able to care for your children, so naming at least one back-up Guardian is essential. 

5.     Not specifying who you don’t want to raise your children.  If you have opinions about who you DO NOT want to raise your children, for example crazy Uncle Joe, make sure those thoughts are in writing.

Over 70% of parents of young children do not have an estate plan in place, and of the 30% that do, many of their plans have holes, including mistakes made in naming Guardians, and not naming Temporary Guardians.  Judges try their best to make decisions about what is in the best interest of your children, but they can never know of your true intent unless it is in writing.

Simpson Law Firm is here to guide you through the entire estate planning process and to ensure that your estate plan is thorough and complete so that your family is protected when they need it most.  For more information on estate planning, please visit our website at www.hollysimpsonlawfirm.com, or to schedule a complimentary estate planning consultation call us at 803-764-9555 or email melissa@hollysimpsonlawfirm.com.