Six Common Mistakes When Naming a Guardian

When clients with young families contact us, one of the first things they usually ask for is a copy of our report on “Six Common Mistakes”. This paper briefly goes over (you guessed it) six common mistakes that clients and their lawyers often make when naming a guardian for their child. Over the next few weeks we are going to go over these six common mistakes in a series of blog posts. So let’s get started with common mistake one.

You named a couple to act as guardians when you don’t really want both people in the couple and you haven’t said what should happen if the couple broke up or one of the partners in the couple died.

 For example, you and your spouse have decided to name your best friend and their spouse as guardians to your children. But there’s a little snag. You don’t really know if you want your friend’s spouse to be a guardian. He or she has never really connected with your children and you don’t know how they would feel about supporting your friend in raising your kids.

Things Are Never as Complicated as They Seem

Though the problem might seem complex, the solution is simple. When you sit down for your estate planning session only name your friend as guardian. Don’t name them as a couple (i.e. I leave my children to Mr. and Mrs. Smith. If you don’t want Mr. and Mrs., then just name one and not the other). 

This way, in case of a separation or divorce, your friend will get the children without having to go through a possible custody battle. When you only name the one person you want, you don’t have to worry about your children being left to the wrong person.

The Backup Plan

So you leave your children to your best friend (naming them as the only guardian) and their spouse.

But then the worst-case scenario happens. Your children’s guardian passes away, leaving them with the spouse that you don’t necessarily feel comfortable with.

The best way to make sure that your children go to the right person in this scenario is to come up with a back up plan. At that same estate-planning meeting, tell your attorney whom you want your children to go to in case the named guardian is unable to take your children or dies. By simply coming up with a backup plan, you are covering your bases every step of the way.

These are Your Children; Make Sure Your Wishes are Heard

If you and your spouse are not comfortable leaving your child to someone, then don’t.  You know who you would want to raise your children if you were no longer able to. So speak up and let your voice be heard.