You Only Named One Possible Guardian. What if Something Happens to Your First Choice?

We know you’ve been waiting for it…so now continuing our series on the 6 Common Mistakes People Make When Naming Guardians for Their Children, here is Common Mistake #2: You Only Named One Possible Guardian. What if Something Happens to Your First Choice? 

No one knows what the future holds, that is why planning for it is so important. We make sure clients plan for many possible scenarios, but unfortunately, not everyone does. That is how these common mistakes often happen, especially Common Mistake #2.

*But I Named a Guardian for My Child*

Ok--you sat down with your attorney and named a guardian, which is great, don’t get me wrong! But say you and your spouse pass away leaving your child with their grandparents. Then your parents pass away or just become unable to care for them any more, but your child is still in need of a guardian. What happens then?

To be honest, there is not always a good result in these situations. Your child would be put into the foster care system until another relative is located. Even if there are multiple relatives who want to be your child’s guardian, that could lead to problems as well. There will likely be court battles, which could mean your child staying in the foster care system for a longer time. Then there is the expense and heartache of litigation. And there is always the possibility they could end up with someone you would not want them to, when a judge who doesn’t know you or your family makes the decision for you.

*Avoid The Situation Altogether*

The best way to make sure your child goes to the right person if your first choice guardian cannot care for them is to name successor guardians. A successor guardian is an alternate in case something happens to the first guardian (just like in beauty pageants). The successor guardian has no legal claims over your child unless the first guardian is no longer able to care for them.  You can name as many successor guardians as you like (in the order you want them) so you won’t ever have to worry about the right person taking care of your child.

Like I said in the last blog post, always have a backup plan. You don’t have a crystal ball that can see into the future (and if you did, you wouldn’t need to read this blog would you?).  So make sure to plan for multiple scenarios.

*Think About the Right People, not the Perfect Person*

I know you want to have the perfect person picked out in case you and your spouse were no longer able to care for your child. But don’t think about the perfect person (that person will always be you), think about the right people. Think about the people you love and trust, the ones who share your values. The ones who would love and care for your children like you would. Those are the people who would make the