Choosing a Guardian for Minor Children- Advice from a Montana Estate Planning Attorney

For many people their largest concern in estate planning is providing for their children. Everyone who has a child under the age of eighteen should consider who would raise their children if there were unable to do so. However, determining who would act as a guardian for minor children is perhaps the most difficult decision in estate planning, and the one with the most potential impact. That is why it is critical to take some extra time to make this decision.

Perhaps the best place to start by making a list of good potential candidates for the role of guardian. Initially this list may include brothers, sisters, aunts, uncles, grandparents or even family friends, basically anyone you can think of that may act as a guardian.

Then consider the factors that are most important to you in deciding on a guardian. Some considerations may include:

-Do they have similar philosophies about child rearing?

-What are their religious beliefs or do they possess the ability to follow your desires for your children’s religious upbringing?

-Do they possess the ability to follow your instructions about education, activities and child rearing, in general?

-What is their age, stamina, and maturity level?

-What is their relationship with your children and do they have a genuine interest in your children’s well being?

-What is their level of stability and integrity?

-Are they physically capable of caring for your children?

-What is their current job situation and do they have time available to care for your children?

-Are they willing and interested in acting as a guardian for your children?

-Do they have children of their own and are their children compatible with your children?

-Do they live in the same geographic area as you?

-What are their social, political and moral values?

-Are they financially responsible?

-Do you children enjoy their company?

-Is their overall lifestyle compatible with yours?

Once you have considered these factors, I recommend prioritizing the factors that are the most important to you and your spouse (or other co-parent as the case may be). Understand that you and your spouse may have conflicting ideas about the most important attributes, however the discussion is important to have within this process. Once you have decided on a few key factors you can compare these to your list of candidates and determine who would best fit based on your priorities.

Open discussion with your family members, including your spouse, children and potential guardians is a key component in this process. While the discussion may be difficult at times, keep in mind that this is one of the most important life decisions you will have to make, so discussion is important.

If you have additional questions about choosing a guardian for your minor children, or if you would like additional assistance from a Montana estate planning attorney in nominating a guardian for your minor children or other estate planning techniques to provide for your children, call me at (406) 752-6373.