Using Your Will to Nominate a Guardian of Your Minor Children

If you have minor children, you may be thinking about their future and considering who would be a good guardian for them. A guardian is a person or couple who will raise your children if you and the other parent die before they reach the age of 18. This is an extremely important decision, as it involves trusting someone to care for and raise your children. One way to ensure your wishes in this area are considered is to nominate a guardian in your last will and testament.

The guardian you nominate will have a significant impact on your child’s life. They will be responsible for making important decisions about your child’s education, healthcare and well-being.

Some factors to consider when nominating a guardian:

• Do they have the time and energy to care for your child? Raising a child is a full-time job, so it is important to choose a guardian who will truly be able to devote themselves to your child.
• Do they have the same values as you? You want to put time and energy into choosing a guardian who will raise your child in a way that is consistent with your values and beliefs.
• Do they have a good relationship with your child? It is important to choose a guardian who your child already knows and feels comfortable with.

Nominating a guardian in your will does not guarantee that the court will appoint that person. The court will, however, strongly consider it. The court will also consider other factors before making a final decision and appointment, such as the child’s best interests, the relationship between the child and the guardian and the guardian’s ability to care for the child.

To nominate a guardian in your will, you will need to include the following information:

• The names and birthdates of your minor children
• The name and address of your preferred guardian
• The name and address of an alternate guardian in case your preferred guardian is unable or unwilling to serve
• Any specific instructions you have for the guardian, such as your wishes for the child’s education, religion and upbringing

Nominating a guardian in your will is one of the most important things you can do for your minor children. It shows the court that you have thought about your child’s future and that you have chosen someone who you trust to raise your child if you are unable to do so. Including these wishes in your will and testament is a wise choice, as is working with an experienced estate planning attorney to execute a document that truly reflects your wishes.

At Peggs Wheeler, LC, located in Wichita, we help Kansas clients who are looking to nominate a guardian for their minor children using their last will and testament. To schedule your consultation with us, call 316-512-7853 or contact us online today.