Guardian Nominations for Children

If you pass away suddenly, who will care for your child if they are still a minor? In your estate planning legal documents, you can name a friend or family member you wish to become your child’s legal guardian.

Contact our experienced estate planning attorneys at Bassett Murray Law Group, PLLC, in Ann Arbor, MI, to set up guardian nominations for children in your last will and testament. Call us today at 734-930-9200 or contact us online to schedule an initial consultation.

How To Make Guardian Nominations for Children in Your Estate Planning

Your estate planning may include a final will and testament, creating a trust and naming beneficiaries, and planning advance healthcare directives in case of incapacity. In your will or other document, you can nominate one or more guardians for your minor children in the event of your sudden death or incapacitation.

You should consider whether your first choice for legal guardian of your child can serve for another five or ten years if necessary. Consider a backup choice for guardianship in case your first choice is unavailable to fulfill the role when needed.

There are three types of guardianship of a minor:

• Full guardianship. This person is the full legal guardian of the child, responsible for custody and decision making of the child (ward), including education, religion, nutrition, and living arrangements.
• Limited guardianship. The minor’s parents agree to share in many decision-making powers with a limited guardian. The Limited Guardianship is intended as a short-term guardianship to allow for a parent to get treatment, stable housing or a job.
• Temporary guardianship. If the minor needs immediate care, such as after a car accident with their parents in which the parents passed away or suffered incapacitation, the court may appoint a temporary guardian pending the results of a guardianship appointment hearing.

When the Court Will Appoint a Guardian To Care for Your Child

The court will consider guardian nominations for children to appoint a guardian under specific circumstances, such as:

• Both parents are deceased
• The court has terminated the parental rights of one or both parents
• The parent(s) have left the minor with another person and not provided that person with a way to make medical and educational decisions

This list is not exhaustive, and other circumstances may arise for the court to consider if appointing a guardian for your child. However, the best way to ensure your child is placed with someone you trust is to nominate the guardian in writing. This will also make the court process easier and quicker.

What Are the Roles of a Legal Guardian?

Guardians make custodial arrangements and decisions for a child and have essentially the same rights as a parent. A conservator may also be appointed if the minor has assets that need to be managed until they turn 18 years old.

Contact an Estate Planning Attorney for Guardian Nominations for Children in Ann Arbor, MI

For help with guardian nominations for children in Ann Arbor, MI, and the surrounding areas, contact us at the Bassett Murray Law Group, PLLC. Call today at 734-930-9200 or contact us online to schedule an initial consultation.