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What You Need to Know Before Choosing a Guardian in Your Will

Sun, May 15, 2022 at 2:55PM

What You Need to Know Before Choosing a Guardian in Your Will

Most people don’t want to think too much about what will happen after they die. This is particularly true for younger adults. Regardless of your age, if you are a parent of young children, you need to think about your children's future. And that means you need to create a will today that sets up guardianship for your children if you die.

What Is Guardianship?

Guardianship is the legal process of delineating who will care for your children if you die or are incapacitated. 

If you die without a will, the court will determine guardianship, potentially with no weight given to your preferences. By adding a guardianship clause to your will, you ensure your children will be raised by the person you intend. 

A wills attorney in Daytona Beach can create your guardianship appointment in your will for a reasonable fee.

What Should You Consider Before Choosing a Legal Guardian?

In the case of your untimely demise, your guardian will need to raise your children for as many as 18 years. Raising your child includes providing food and shelter, ensuring their education, and providing medical care. 

Additionally, once your children have reached adulthood, the legal guardian you choose will probably act in a parental role for the remainder of their lives. 

Given these responsibilities, you should consider the following factors when choosing a guardian:

  • The age and health of the legal guardian
  • Finances of the guardian
  • How far your children would have to move to live with the guardian
  • The quality of the schools near your guardian
  • Your guardian’s relationship with the rest of your family

When choosing a guardian, try to minimize the impact on your children’s lives. Naturally, they would already be dealing with some major changes — if at all possible, try to avoid forcing them to move far away from friends and family as well.

How Do You Set Up a Volusia County Guardianship?

You can create your Volusia County guardianship in just a few quick steps.

First, create a list of possible guardian choices and discuss that list with your spouse. Once you have narrowed it down, speak to the possible guardians to see if they are willing. It is best to designate at least one backup guardian in addition to your first choice.

Once you have made your selection, hire a local wills lawyer to create the will. This will protect your family in the event of a worst-case scenario.


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