Name A Guardian For Minor Children In A Will

Q: My husband and I have two young children. We want to write our wills, but cannot bear the thought of dying and leaving our children to be raised by someone else. The decision is very daunting. What should we consider when deciding on a guardian for our children?

A: Many young parents put this decision off because it is too hard to think about. However, this is one of the most important decisions a parent can make. It should not be avoided, simply because it is difficult. As hard as it may be, get a babysitter, and take your husband to the local library or coffee shop for this discussion. Sit with friends if it helps. Have a drink or a coffee to take the edge off, but devote time to this conversation. It is the responsible thing to do, and you will gain peace of mind after setting your intentions in your will.

When my daughter was born four years ago, I remember giving our babysitter two pages of instructions for her care. We were only leaving for a few hours, but wanted to know our child was managed properly in our absence. Now, imagine if we knew we were dying. Our instructions would be far greater, and we would certainly designate who would have the responsibility of raising our children.

When selecting a guardian for your minor children take into consideration the general responsibility of the person or couple you choose. Consider their financial situation and religious beliefs. Do they have kids now, or intend to have them in the future? Your children should already know their guardians and the guardians’ children.

Select someone close to your age so they will be up to the challenge of raising your children and unlikely to pass away before you. Your parents you well at the age of thirty, but may struggle to keep up at sixty.

Consider the location of the couple. Will they remain close enough to visit remaining family members, and your children’s friends? If the couple is married, decide who the children will stay with, if the couple divorces.

Above all, speak with the person you select to be sure they agree to accept the responsibility. Discuss matters like anticipated relocation, religion, schooling, and finances.

Finally, think about writing a clause in your will instructing your executor to purchase a life insurance policy on the life of your selected guardian. This policy would benefit your children, should your guardian pass away after you.

Attorney James Haroutunian practices estate planning and hosts Home Based Will-Signing Parties for group discounts in Massachusetts. Contact him at 630 Boston Road, Billerica, 978-671-0711 or email him at james@hlawoffice.com.