Legal Blog

The Weekly Scenario from Steve Shane – 2.3.14

Question:  What are the characteristics I should look for when naming a guardian for my minor child(ren) in my Will? Answer:  When appointing a guardian for a minor child, the goal is to provide the child with as little disruption to the child’s life as possible.  In other words, you would want to choose someone who would raise your children the same way you would raise them (similar philosophies such as same religious preferences, educational goals, etc.). It is important to consider the economic means of the guardians and whether such person would have the capacity and willingness to take care of your children, particularly if you have more than one child. Another consideration is whether you should name one individual (or a married couple).  For example, what if the couple gets divorced subsequent to the appointment?  In such case, do you want to name a back up?  Or perhaps state that if your sister should get divorced from her husband, that her husband shall no longer be able to serve in such role. Comment:  It is a good idea to check with the guardians you propose to name in your Wills to confirm that they are willing to serve.  I find many individuals are honest with their family members who ask as to whether they are up for this important role. Steven E. Shane Principal Offit│Kurman Attorneys At Law 301.575.0313 Washington 410.218.9339 Mobile 301.575.0335 Facsimile Please note the above material discussed is intended to provide only general information. Do not, under any circumstances, solely rely on this information as legal advice. Legal matters are often complicated. For assistance with your specific legal problem or inquiry please contact me directly.