7 Tips for Choosing the Guardian in Your Orange County Estate Plan

As part of the estate planning process, we make careful decision as to how our assets should pass to our beneficiaries. For many, ensuring that their loved ones are cared for is an important reason for sitting down to create an estate plan to begin with. Those with young children have an even more important aspect to consider—who should raise our kids if something should happen to us? 

If you have minor children, your Anaheim estate planning attorney will incorporate a provision into your will to appoint a guardian. Selecting the individuals to name as guardian can sometimes be difficult. The following are some tips to help you navigate this process:

  1. Consider where your potential guardian lives. Is it in the same state as where you currently reside? Would you want your children raised where your guardian lives, or would you expect him or her to relocate?
  2. Factor in the relationship that your child currently has with the potential guardian. Does your loved one feel comfortable and happy with that individual? In the unfortunate circumstance that the guardian is called upon to act in this capacity, the child will need the love and support of someone who that knows and understands him.
  3. Consider the child-raising philosophies of your potential guardian. Are they in line with the way you parent your child?
  4. Consider your potential guardian’s personality. Is the individual responsible, loving, and a good role model for your child?
  5. Factor in the age of your potential guardian. Many people first consider naming the child’s grandparents as guardian, but this may not always be the best choice. It is important to think about the health, lifestyle, and age of the potential guardian.
  6. Talk with the person you are considering to be the potential guardian. This may reveal whether your vision for your children’s futures would be in line with the plans of the potential guardian. It will also help you to gage how committed this person is to the huge responsibility.
  7. If the kids are old enough, seek out their opinion. While this may be a difficult conversation to have, it is important to have their input. 

To learn more about the process of creating your will, including guardianship provision, view our free guide, The Ten Things You Must Know before Creating (or Amending) Your Will or Trust. Contact our office of experienced Orange County estate planning attorneys today at (714) 459-5481 for a consultation.

James F. Roberts
Founder and owner of the Law Office of James F. Roberts and Associates, a premiere estate planning law firm