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5 Mistakes to Avoid When Naming a Guardian for Your Children

Last updated on: February 15, 2023

When you have children, the estate planning process becomes especially important. Not only is it necessary to ensure your wishes are carried out and your family is financially provided for if you pass, but it is also absolutely vital for the purpose of naming a guardian who will raise your children if you and their other parent are ever killed or unable to raise them.

The fact is, accidents happen all the time, and the potential for a life-changing event that would leave your minor children without parents to raise them and care for them is high. If such a worst-case scenario were to occur, wouldn’t you rather make the determination of who should raise your children instead of leaving it up to a court and judge who does not really know your kids or what you would have wanted?

However, the seriousness and gravity of naming a guardian can sometimes leave parents overwhelmed. Additionally, there are some who do not take the choice seriously enough.

Our team of New Jersey guardianship lawyers has years of experience helping families plan their future and the future of their loved ones. We take pride in helping our clients create the best possible plan to care for aging parents or to prepare for the future of their children in case they pass away unexpectedly. If you are interested in conservatorship, we may also be able to help you understand how a conservatorship differs from a guardianship

At Matus Law Group, our team of New Jersey guardianship attorneys takes these matters seriously. Below we have outlined five common mistakes that parents need to avoid when naming a potential guardian for their children.

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.

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.

Guardianship attorney in New Jersey

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.

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) 281-0060 to schedule a consultation.

Christine Matus

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Christine Matus

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