When your first child was born, you had to “grow up” rather quickly. You were now responsible for another human life. One thing you had to start thinking about is the possibility—remote, yet plausible—of something tragic happening to you and/or your child’s other parent. Who would take care of your child in that situation?
Use Your Last Will and Testament to Nominate a Guardian
The simplest way for Florida parents to ensure their children are cared for in accordance with their wishes is to make a guardianship nomination in their Last Will and Testament (usually referred to as simply a “Will”). A Will is usually the foundational document in one’s estate plan, as it can direct where and to whom your assets will go. Another important function of a Will, besides naming successor guardians and distributing assets, is nominating a personal representative to oversee the disposition of your estate.
Within the context of guardianship for your minor children in Florida, you actually have two major obligations: guardianship of the person and guardianship of the property. Guardianship of the person refers to the guardian tasked with the physical needs of the person needing help (the “ward”). Guardianship of the property refers to the guardian tasked with maintaining assets and property for the ward. This often comes into play when a child’s parents die and leave the child with an inheritance or life insurance benefits. One person may fulfill one or both roles.
Tips For Naming a Guardian
It’s very possible you have the perfect person in mind to take care of your child if something were to happen to you. Common designations include grandparents, aunts and uncles, and longtime family friends. Best practices for naming a guardian include:
- Making sure the successor guardian(s) share many of your values and outlook on life;
- Considering giving preference to those who live in the same community as you;
- Naming more than one guardian (in case your first choice is no longer available); and
- Discussing the matter ahead of time with the guardians.
Even after you nominate a guardian in your Will, the guardian will still need to go to court and fill out a few forms for the guardianship to become official. Unless your choice is clearly unfit for the job, he or she will almost certainly receive the authority.
Conclusion
It’s discomforting—thinking about how your kids would fare in a world without you and their other parent. However, estate planning, generally speaking, makes most estate planners at least a little uncomfortable, but it’s no less important. The peace of mind you’ll get when you know EXACTLY what will happen to your loved ones (and your assets) if you were to pass away tomorrow is unparalleled.
Alvarez Law Group is here to make your estate planning as easy and efficient as possible. Get in touch with our team here to start taking control of your future today.
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