One of the hardest things to do is pick guardians for your young children. A guardian is a person that you trust and empower to take care of your minor children. Parents are left paralyzed in an effort to figure out who could take on the role of raising their children. Often times, when planning for the future, parents leave the guardianship nomination blank and without a nomination the decision will be left up to the probate court. This means that if something were to happen to both parents, the arrangement for the children will be decided without parental voice or opinion. The individuals that seek guardianship over your minor children will then have to go to the probate court to ask the judge to appoint them as guardians. This will be occurring during a time where the children have presumably lost both parents and now, they are going through a court battle where relatives may be fighting over them. Although intentions may be good, the children will be pulled in multiple different directions when it is important that they have a stable atmosphere.
This all stems from not proactively dictating what happens. To avoid this, as a parent, it is important to create a stand-alone guardianship nomination that tells the court exactly who you want to have guardianship of your minor child.
Another option is a temporary guardianship nomination. It is useful if you are on a trip and your children are at home and need medical care. This temporary nomination also covers the 60-day period after your death before the court officially appoints a full time guardian. This helps to avoid pulling the children between all these well-intentioned individuals at a time when they need to grieve.
We have recently launched a website that focuses on estate planning, www.stiles-estates.com, where you can find more information and a contact form, or you can contact us directly to schedule a consultation.
If you have any questions about estate planning, contact Stiles Law by calling (781) 319-1900.
Copyright © 2019 Stiles Law, All rights reserved. Stiles Law is a Massachusetts licensed law firm and all content is based on Massachusetts law. The information presented above is meant to be used for general informational purposes and it should not be construed as legal advice or legal opinion on any specific facts.