If tragedy strikes your family and your children need someone to take care of them because you cannot, then a judge will choose who steps in to care for them. You can have a voice in that selection, however, if you’ve taken the steps to nominate a guardian for your minor children.
If no guardian is named in your Last Will and Testament or in your Durable Power of Attorney, a judge who is unfamiliar with your family will decide who will raise your child(ren). Anyone can ask to be considered, and the judge will select the person he or she deems most appropriate.
A much better option is for you to nominate someone as your preferred guardian. The judge will support your choice unless there is clear and convincing evidence that your nomination is no longer in your child’s best interest.
It’s also a good idea to name at least one person to serve as the back-up for your nominated guardian. If the first person isn’t able to willing to serve, then you’ll still have someone you selected to be considered by the judge.
Here are some of the factors to consider when selecting guardians:
- How well the potential guardian and child know each other
- Parenting style, moral values, and spiritual beliefs
- Age and health of the potential guardian
- Emotional preparedness
- Financial stability
Don’t let the overwhelming nature of this conversation prevent you from taking the necessary steps to plan for your family’s needs in an emergency. Contact us to get started today. We’ll help you through every step of the process.
Call (419) 872 -7670 or here to request an appointment to discuss this with one of our attorneys.