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Guardianship for Your Children

Choose a personal guardian -- someone to raise your children in the unlikely event you can't.

If your children are young, you've probably thought about who would raise them if for some reason you or another parent couldn't. It's not an easy thing to consider, but with a simple arrangement of a guardian in your will, you can feel sure that, in the extremely unlikely event you can't raise your kids, they will be well cared for.

Naming a Personal Guardian

You should name one personal guardian (and one alternate, in case your first choice can't serve) for each of your children.

Legally, you may name more than one guardian, but it's generally not a good idea because of the possibility that the coguardians will later disagree. On the other hand, if you prefer that two people care for your child -- for example, a stable couple who would act as coparents -- name both of them, so that they each have the legal power to make important decisions on behalf of your child.

Here are some factors to consider when choosing a personal guardian:

  • Is the prospective guardian old enough? (You must choose an adult -- 18 years old in most states.)
  • Does the prospective guardian have a genuine concern for your children's welfare?
  • Is the prospective guardian physically able to handle the job?
  • Does he or she have the time?
  • Does he or she have kids of an age close to that of your children?
  • Can you provide enough assets to raise the children? If not, can your prospective guardian afford to bring them up?
  • Does the prospective guardian share your moral beliefs?
  • Would your children have to move?

If you're having a hard time choosing someone, take some time to talk with the person you're considering. One or more of your candidates may not be willing or able to accept the responsibility, or their feelings about acting as guardian may help you decide.


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