Estate planning becomes especially important when you have children. It is essential not only for ensuring your wishes are respected and your family financially supported in your absence but also for appointing a guardian for your children should you and their other parent become incapacitated or pass away.
Moreover, accidents and unforeseen life-changing events can leave your minor children without parental care. In such scenarios, having a guardian chosen by you, who understands your children and your wishes, is preferable to having this decision made by a court and a judge unfamiliar with your family.
Unfortunately, common mistakes can complicate this process or lead to unintended outcomes. Therefore, understanding these pitfalls is crucial to making informed, thoughtful decisions that best serve your children’s interests.
At Matus Law Group, our team of experienced New Jersey guardianship lawyers can help families secure their futures and those of their loved ones. We are committed to assisting clients in creating comprehensive plans to care for aging parents or prepare for the future of their children should they pass unexpectedly. For those interested in conservatorship, we may also help you understand how a conservatorship differs from a guardianship. Contact us today at (732) 785-4453 to schedule a consultation.
1) Choosing someone because you are expected to
People often assume that they need to choose obvious people as guardians—perhaps their parents or their siblings. However, these people may not always be the best choice to raise your children. Never name a guardian to appease someone or avoid hurting their feelings. Never name someone as guardian because you think you are expected to. Your children’s futures are at stake, and quite simply, you need to make the BEST choice, not the expected choice.
2) Making an emotional decision
Selecting a guardian should be a logical process, removed from emotion. For example, perhaps you do not personally get along with your spouse’s sibling, but logically you know that individual would be the best person to raise your kids if you were unable to. Try to remove emotion from the equation and think logically about the best interests of your children.
3) Selecting someone from a court would not allow
There are certain occasions in which a court may not honor your choice of guardian, such as if the person you named has a drug or alcohol issue or a significant criminal history. Selecting someone a court would likely question or disallow will complicate the process, make things much harder on your children, and in effect result in the same situation as if you had not named a guardian at all.
4) Naming someone without resources
You may have a guardian in mind whom you know would love and care for your kids and raise them with the values you envision, but if they do not have the financial resources to care for and provide for them, they probably should not be your choice. This is especially important if you have more than one child and you want to ensure that your kids stay together. Raising a child is a serious financial burden, and your guardian should be able to shoulder such a burden.
5) Naming someone who won’t be around
Imagine if you named someone as a guardian for your minor children who are of significantly advanced age or in poor health. Your kids are faced with the trauma of losing their parents and going to live with this guardian. Then, within several years, your kids are faced with the added trauma of losing that guardian. It is important to name someone as a guardian whom you expect to be around for a significant amount of time. No one can predict the future, but naming an elderly parent as a guardian may not be a better choice than naming a middle-aged sibling if all other factors are equal.
The importance of naming a legal guardian who will raise your children if you and your spouse are killed or incapacitated cannot be overstated. Nothing less than your children’s future and well-being are at stake. Please take immediate action to begin the estate planning process, including naming a guardian. The Matus Law Group can help! Give us a call today to get started.
| Mistakes to Avoid | Description |
|---|---|
| Choosing someone out of obligation | Avoid selecting a guardian based on societal or family expectations; prioritize the best choice for your child’s future. |
| Making an emotional decision | Emotion can cloud judgment; focus on who is logically best equipped to care for your children, even if personal relationships with that person are complicated. |
| Selecting someone a court would disallow | Ensure the chosen guardian does not have legal issues, such as a history of substance abuse or a criminal record, that could result in the court rejecting your selection. |
| Naming someone without resources | A potential guardian must have the financial stability to care for your children and provide for their needs, especially if you have more than one child. |
| Naming someone with poor long-term prospects | Choosing an elderly or ill guardian may result in your children facing additional loss; select someone with good prospects of being around for the long term. |
Emergency Guardianship for Minors
Sometimes, parents may find themselves in a situation where they are not able to take care of their children. Often, these cases are not permanent. These situations can lead to emergency guardianship being granted to a relative or friend who is familiar with the child. If necessary, these temporary guardianship arrangements may be modified to become formal guardianships.
Although emergency guardianship is not meant to last more than one year, in some cases it may be extended for longer than expected. Formalizing legal guardianship in these cases is almost always in the child’s best interests. Although it is possible to hope that the circumstances of the biological parents will change, the child can still be properly cared for in the meantime.
You should consult a qualified family lawyer if you want to apply for New Jersey legal guardianship. A skilled family lawyer can help you become the legal guardian of minors who are in difficult situations or have lost their support system. Working with the right NJ guardianship lawyer will increase your chances of securing these important legal rights.
Can a Sibling Be a Guardian?
In New Jersey, when an individual is unable to make important life decisions independently due to various reasons, the court steps in to appoint a guardian. When appointing a guardian, the courts often look to close family members, considering their familiarity and emotional connection with the individual.
Siblings can indeed be appointed as guardians, especially in cases where other immediate family members are unable to fulfill the role. The courts recognize the unique bond that brothers and sisters often share, which can be crucial in providing the care and support needed. Whether a sibling is appointed alone or alongside a parent, depends on the specific family dynamics and the needs of the person requiring guardianship.
The process of appointing a sibling as a guardian involves a legal determination that the person in question truly cannot manage their own affairs. This is a significant responsibility, and the court takes care to select a guardian who can manage this role effectively. If a sibling is considered for guardianship, the court must be convinced that this arrangement serves the best interest of the person in need.
Thus, while siblings can serve as guardians, the decision is contingent on the court’s assessment of both the needs of the individual and the capability of the sibling to act in this capacity. Given the complexity and significance of this role, those considering guardianship or seeking to nominate a sibling as a guardian are advised to seek competent legal guidance. A New Jersey guardianship lawyer can facilitate the guardianship process and help make informed decisions for the children’s best interests.
Speaking to an Experienced Guardianship Lawyer in New Jersey
You may be a family member or caregiver and are contemplating when your loved one will need care. Guardianship will provide the necessary care for the person, whether they are an elderly relative who is showing signs of mental decline or a child with special needs who is approaching adulthood.
Our compassionate guardianship lawyers at Matus Law Group can help you navigate the legal requirements and comply with a conservatorship or guardianship for your specific needs. Our New Jersey guardianship attorneys have been helping clients for over 20 years. Our team may be able to help you plan for the future of your loved ones whether it be caring for your aging parent or children with special needs. Call us at (732) 785-4453 to schedule a consultation.
