Do I Need to Name a Guardian for My Minor Children?

Parents with minor children should consider naming a guardian for the minor child(ren) in their Last Will and Testament. By being proactive, you may be able to eliminate familial conflicts after your passing over who will care for your child(ren).

Guardian of the Person

The guardian most people think of for their minor children is the guardian of the person. The guardian of the person is the person you (and your spouse, if married) would like to take care of your child(ren) and raise them.

If you fail to appoint a guardian of the person for your minor child(ren) in your will, the Probate Court will appoint one. While the Court tries to make its decision based on the best interest of the child(ren), the judge making the decision doesn’t know your wishes unless you write them into your will.

Guardian of the Property

The guardian of the property is responsible for managing any assets that you leave to your minor child(ren) that are not placed in a trust. The guardian of the property may also manage assets that your child(ren) receive from other sources.

You do not have to pick the same person to act as Guardian of the Person and Guardian of the Property. If you wish for one person to care for your child(ren) and another to manage their assets, you can certainly state those wishes.

Things to Consider When Naming a Guardian for Minor Children

As it is a huge undertaking to raise a child, you will want to discuss this with your preferred guardian first. You will want to make sure your prospective guardian has the time (and parenting skills!) to care for your child(ren).

Some important considerations are whether your preferred guardian shares your religious views and moral views. Age is also often a factor. While grandparents may often be the first choice, you will want to consider their age and health before appointing them Guardian in your will.

Additionally, while naming a guardian proactively can be beneficial, if a proposed guardian is grossly unfit to serve or otherwise unable, the probate court may appoint another individual to act. Therefore, it can be helpful to have a successor guardian appointed as well. The same considerations above should be given to a successor guardian.

Florida Estate Planning Attorney

If you are in Florida and are interested in discussing estate planning and properly naming guardians for your minor child(ren), contact us today. If you are ready to get started on your Florida estate plan, you can do so here.