From the moment our children are conceived the worrying starts. Perhaps there is no greater fear than the one of, who will look after my children if I should die unexpectedly and prematurely?
When a spouse dies during a marriage or committed relationship, the surviving spouse will ordinarily assume the sole parenting role. While occurring today with less frequency, what happens if the greatest tragedy should occur and both parents should die before their children reach independence?
In case of the above event arising, it is critical that parents take steps to appoint an appropriate guardian(s) for their children. The appointed Guardian will have the legal authority and power to make significant decisions regarding your minor children in the event of the death of both parents.
Clearly, the guardian (s) of your children, should be persons of a responsible nature, and depending on the age of your children, it is normal (and advisable) to appoint persons who are already close to them.
Other factors that help clients when making this decision, is choosing persons who share similar religious beliefs, views and educational outcomes. Other factors which may have some bearing on this decision, is if the guardians have children of their own and the ages of their children.
Alternative and substitute appointments of guardians are also important because, like most testamentary appointments, there is a possibility of the chosen guardian predeceasing or becoming incapable or unable to take the appointment. This situation can arise when guardianship is appointed to a grandparent who may be elderly.
It is important to have a Will which appoints guardians of your minor children. To discuss this important inclusion, and for assistance in drafting your overall Estate Plan, speak to the experts at Welden & Coluccio Lawyers.