By Laurie E. Ohall, Florida Board-certified Elder Law Attorney
As an estate planning attorney (and new grandmother), I’ve been spending precious moments with my first grandchild lately. These special times have reminded me just how important it is for parents to plan for their children’s future — particularly when it comes to naming legal guardians.
The start of a new year is the perfect opportunity to tackle this crucial aspect of estate planning that many parents overlook or postpone. While no one wants to think about not being there for their children, having a proper guardianship plan in place provides invaluable peace of mind for your family.
Why Naming a Guardian Is Critical
Without designated guardians in your estate plan, the courts will decide who raises your children if something happens to you and your spouse. This means:
- Your children could temporarily end up in the foster care system while the court makes its decision.
- Family members might engage in costly and emotional custody battles.
- The court might choose someone you wouldn’t have selected.
- Your children’s lives could be disrupted during an already difficult time.
Key Considerations When Choosing Guardians
- When selecting guardians for your children, consider:
- Values and parenting style that align with yours.
- Physical and emotional capability to raise children.
- Financial stability and responsibility.
- Geographic location and its impact on your children’s lives.
- Relationship with other family members.
Remember, you can name different guardians for different children if appropriate, and you can also designate backup guardians in case your first choice isn’t available.
Making It Legal
Simply telling someone you want them to be your children’s guardian isn’t enough — you need proper legal documentation. As your Brandon estate lawyer, I can help you:
- Create or update your will to include guardian designations.
- Draft separate guardian designation documents.
- Ensure all paperwork meets Florida legal requirements.
- Include specific instructions for your children’s care.
Don’t wait to make this crucial decision. Your children deserve the security of knowing they’ll be cared for by people you trust and have chosen carefully. The new year is the perfect time to put these protections in place.
Ready to secure your children’s future? Contact the Law Offices of Laurie E. Ohall at 813-438-8503 to schedule a consultation. Let’s work together to ensure your children are protected, no matter what the future holds.
