Tampa Custody Attorney

Identifying a Guardian to Care for Your Children

Child Custody Lawyer

One of the most challenging tasks for parents with young children is choosing someone to care for your children in the event of your death. This is often a heavy topic to discuss and make decisions around. For a young child, the loss of a caregiver is earth shattering. After all, you are the person whom they are reliant upon for much of their care. As a parent, you will need to carefully weigh your options to ensure that there are no problems should your plan need to be executed. Here are some considerations to make and qualities to look for when in the process of choosing someone who can step in to care for your child:

Qualities to Look For

One of the most important decisions you can make within your estate plan is to identify a guardian who will step in to care for your children in the event of your passing. Just because you have people in your family who love and care about you, doesn’t mean that they are the right people to take care of your children. Key qualities to consider when choosing a guardian include:

  • Parenting Capabilities: Are they up for the task of parenting children full time?
  • Parenting Style: Does their parenting style align with your own?
  • Living Arrangements: Is the person identified willing to move into your home? Or will the children need to move in with them? Do they live close to you or will the children be uprooted
  • Values: Do they share the same values as you? What are their religious beliefs?
  • Their Age: Age may factor into your decision as someone in the later stages of life may not be physically able, or even up to the task.

Their will be a lot to consider when working to identify a guardian. Taking the above considerations into mind during the decision making process may be helpful when organizing your thoughts. An attorney can help you evaluate possible options so that you can ultimately appoint a caregiver for your will.

Create a Backup Plan

You never know what the future may hold. This is a primary reason it’s important that you have a backup plan in place in the event that your original choice does not have the ability to care for your children. Sometimes, people change their minds, or in some situations the person you had identified may have passed away or had a serious change in circumstance. As a parent, you will want the person who takes on this role to be fully committed to your children. It’s important than when identifying a guardian in your estate plan that you identify at least a few backups. That way, in the event that your first choice has had a change of heart, you will have other identified parties available to take on this responsibility.

Have a Conversation with the Person You Are Considering

Once you have determined who you will appoint in your estate plan to care for your children, it will be necessary to have a conversation with them regarding your wishes. This is perhaps one of the most important pieces to appointing a guardian. Should you find that the person is not willing or able to take on the responsibility, your entire plan could go out the window. You don’t want the person you have identified to be taken completely off guard following your passing. Make sure that you communicate your wishes to the parties whom you have chosen. You will need to know if they are up for this significant undertaking. In some cases, you may find that your original choice may not be up for the task.

Do you have young children? Does the harsh reality that you don’t have a plan in the event of your passing weigh heavily on you? It can be risky for your children to continue putting off the creation of your estate plan. Doing so, may result in the courts stepping in to make decisions regarding your children’s care for you. An estate planning lawyer Melbourne, FL trusts can assist you in putting together an estate plan that keeps your children at the forefront.


Thanks to the Law Offices of Arcadier, Biggie & Wood for their insight into estate planning and choosing a guardian for your children.


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