The sad truth is that none of us know when our last day is going to be. So you want to protect your minor children in case this day comes sooner than expected. This entails establishing a guardianship in your estate plan. Read on to discover how to select a guardian for your minor children and how a seasoned Broward County guardianship lawyer at The Probate Lawyers can help you execute this.
How do I select a guardian for my minor children?
The appropriate guardian for your minor children goes far beyond just being someone whom you trust. Rather, this individual should also meet the following criteria:
- This individual should have similar values when it comes to raising a child.
- This individual should have a loving relationship already established with your child.
- This individual should have a lifestyle that can offer a stable home environment for your child.
- This individual should have the physical and emotional capacity to properly care for your child.
It is also worth mentioning the following pieces of advice:
- You should speak with your prospective guardian and confirm whether they are willing to take on this huge responsibility in the first place.
- You should consider appointing separate guardians for your several children so that this huge responsibility can be spread out.
- You should consider appointing both a physical guardian and a financial guardian so that this huge responsibility can be spread out.
- You should also consider the potential guardians for your pets.
How do I establish guardianship in my estate plan?
Once you select a guardian for your minor child, the Florida court must approve of your nomination. Ultimately, the court will base its decision on what it believes to be in the best interest of your child. Then, you may officially disclose your desired guardian within your estate planning documents, most likely in your will.
What happens if I do not establish guardianship in my estate plan?
Unfortunately, if you do not establish your estate planning documents on time, your estate may be presented to the Florida probate court. Here, the court will have the final say on decisions surrounding your estate, including who is to be the guardian of your minor child. It will consider the following individuals as potential guardians:
- The individual may be a family member, friend, professional, or institution.
- The individual must be 18 years of age or older.
- The individual must be a Florida resident.
- The individual must not have any felony convictions.
Ultimately, the court’s decision may not align with your wishes for who is to become your minor child’s guardian. This means that you cannot ignore your estate planning process for much longer. Instead, you must retain the services of a competent Broward County estate lawyer from The Probate Lawyers today.
