One of the most important estate planning decisions you will make is choosing guardian(s) for your minor children. The key issue is deciding what will happen if both parents pass away. If one parent survives, he or she will generally have primary authority over minor children. Without a parent, minor children will be raised by a guardian—someone you nominate in your estate plan, or someone selected by the Court. Choosing a guardian is hard for the obvious emotional reasons, but addressing some practical issues will lead you to a sound and comforting decision.

• Parenting Philosophy: What are the potential guardian’s religious, political, and moral beliefs? Ask the person(s) whom you would be trusting to shape your child’s beliefs about their parenting philosophy. While no one can replace you, having someone with similar personal beliefs raising your child would be better than the alternative.

• Relationship With Your Kids How well does the guardian know your kids? Selecting someone who knows your kids and has a parenting style similar to yours would help your children feel more comfortable as they assimilate to a new environment. If the person is not already a parent, consider what you know about how they were raised, as that will influence how they act as a parent.

• Age of the Guardian. The impact of the guardian’s age is difficult to assess. An older guardian may be an experienced parent, but could also be out of touch with educational trends and parenting styles. An older guardian could also possibly become ill and die before your children reach adulthood. A younger guardian, however, might struggle raising your children while starting a career or their own family, and an older adult child might not be ready to take on parenting in your absence.

• Family Situation: Is the guardian married with minor or adult children? Is he/she single, with or without kids? A guardian who does not yet have children might find it difficult to become an instant parent. If the guardian already has children, you need to consider how your children will fit into the existing family. Considering the guardian’s family situation is key to understanding how the household environment will influence your children.

• Where They Will Live. It is unlikely a guardian will move into your home to raise your minor children after you are gone. Rather, the minor children generally go live with the guardian, or the guardian buys a larger home in their current location to add your children into their family. You will need to consider whether you want your children raised in that location.

At Kling Law Offices, we will work with you to create an effective estate plan, including selecting appropriate guardians for your minor children. We focus on comprehensive and personal planning that addresses your family situation, your unique needs, and your wishes. Please contact our office for a consultation so you can put your plan in place.