As parents (and grandparents), we make several decisions each day concerning our kids before we even eat breakfast (or chug that first cup of coffee for the day). More than we realize. But have you ever thought about who would be there to make those decisions if you weren't around? Have you taken the time to consider who you would WANT to make those decisions...and if you have...have you put it in writing?
If the answer is NO...then ...don't you think it's About Time that you did???
Let's look at this scenario: Mom and dad both pass away. There are several family members who think they should get the guardianship rights to mom and dad's minor children. These same family members are all over the age of 18. All of them are not felons. All of them have the ability to clean up, look good, and smell good when they show up for the hearing in front of the judge...who is tasked with appointing a guardian for the minor children.
The family members stroll into court. They have their lawyer(s) speak to the judge as to why they are the best choice for guardian. The lawyers present the evidence that is given to them by their clients, the guardian ad litem, social workers, and anyone else who has relevant information regarding the children and those same family members. The judge then reviews the information and appoints the guardian.
Here's the problem with this scenario. The judge may not know your personal history with the potential guardian or your values. They may not know that this same person has hidden qualities that you alone or very few people know of that would keep you from EVER thinking they could be competent to raise your kids. You may simply not want this person raising your children, as they have values on the other end of the spectrum regarding education, discipline, etc.
He or she is reviewing evidence as it’s presented. If you don’t have your wishes in writing, he or she can only rely on what evidence is presented in court.
I always say that ANYONE can look good, smell good, and present well in court for a DAY. What happens outside of the courtroom is not going to be evident to that judge, unless the lawyer(s) bring it to his or her attention.
Here's an even scarier scenario: What if there is no one willing to stand up who is qualified to care for your child? If you do not have family available who are qualified to care for your child, or if the court decides your available family members are unsuitable, the judge can appoint a professional guardian who has never met you or your child. Further, as the court is supervising the professional guardian, there’s a good chance this guardian will hire an attorney for legal advice. Fees for such attorneys, as well as fees for the guardian and the court itself, will come out of the estate you’ve left for your child.
So, my question to you is...if you haven't thought about setting up an Estate Plan that outlines your choices for suitable guardians...and named a few extra "back-up guardians,"...don't you think It's About Time???
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