Robinson ♦ Thatcher, LLP

Posts Tagged ‘Guardians’

This post will continue my series on how to gain peace of mind knowing that you have provided for your children in the event of tragedy.

In previous posts I discussed the importance of having a written nomination and the different types of guardians you should consider. Today’s post will discuss some of the characteristics that you should consider in selecting the people you will name as the physical guardians for your children (guardian if the person).

In putting together your list of people that you might consider, ask yourself: who would be a better guardian than foster care?

After you have your list of potential candidates, now is the time to carefully consider important qualities in your choice of guardian.

Some things you may want to consider include (in no particular order):

• Politics
• Religion
• Physical location
• Parenting style
• Education
• Life style
• Travel preferences
• Age of your guardian
• Your children’s relationship with the guardian

This list is not exhaustive but it is a start.

Remember, these are the people (or person) who will be raising your children in your place, so think carefully about how you are raising your children and what is important to you.

In my next post, I’ll be discussing guardians of the estate and things you may want to consider in selecting the person who will look after your child’s financial well being.

If you have any questions, please contact me or another qualified estate planning attorney.

Wishing you peace.

This post is the next article in my series started on the things you should do to get your house in order so that you can have peace of mind knowing that your family is take care of in the event that something horrible were to happen to you.

I began the series with some information on the importance of having a written guardian nomination document and I promised that I would discuss some of the things you ought to take into consideration when choosing WHO you want to name as guardian for your kids.

What you probably didn’t know is that there are two kinds of guardians that you can nominate: 1) guardian of the person and 2) guardian of the estate. A guardian of the person is responsible for providing day to day care — things like food, shelter, taking the kids to school and the like. The guardian of the estate is responsible for the financial estate you may have left your children.

The guardian of the person and guardian of the estate can be the same person. However, in my opinion, it is better to have some checks and balances in the system. Having separate guardian of the person and estate means that there are several people whose job it is to watch your babies if you can’t be there to do it your self.

In my next post in this series, I’ll discuss the guardian of the person in more detail. Until then, if you have any questions or concerns I urge you to contact me or another estate planning attorney.

Wishing you peace.

I’ll admit it, I love watching the TV show House.  In this week’s episode, Dr. House and the team gave a young woman the news that she had only two days to live.  (This type of news happens much more frequently on House than in real life).  It started me thinking, if I were given this news, is my house in order?  (The good news is that Dr. House figured out what was wrong and the young woman was cured!)

Over the next few weeks, I’ll be discussing the type of planning that we all should do so that if given only two days to live, we could spend those two days with our family rather than in frantic planning.

The Number One Most Important Thing Every Parent Should Have

Since I’m a parent, I’ll start with most important thing every parent should do: properly nominate guardians for their minor children.

A question that I have been asked on more than one occasion is “My child already has godparents.  Isn’t that enough?” No. It is not.  If something were to happen to both parents, court approval is necessary to establish guardianship for your children. The godparents you picked may be the people the State would pick, but they may not.

Properly Authenticated Writing Required

California law requires that parents nominate guardians for their minor children in writing.  This “writing” can either be in a separate document or as part of a formal will.  If the nomination is made in a will, it must comply with the authentication requirements for a will.  A separately prepared nomination should also be adequately witnessed to ensure its authenticity and will be given due weight by the reviewing court.

If you haven’t yet put your house in order, I urge you to contact The Law Offices of Laura L. Thatcher or another qualified estate planning advisor as soon as possible, so that you and your family have the peace of mind that comes with knowing you are prepared for whatever life throws at you.

Next week on the South Bay Blawg. . .

In my next post, I’ll be writing about the process of nominating guardians and the qualities you may want in the guardians you pick for your children as well as other factors you should consider.