Planning to take care of your minor children financially when you pass is extremely important, but what is of even more importance is taking measures to make sure they have someone to raise them and live with. It is important to name a guardian in the event of your untimely passing. A guardian for your minor children can be named in your last will and testament. This does not automatically mean that the person you choose will be the guardian, but the Court will give important weight to choosing this person(s). Another important preventative measure that people do not normally take is to name a preneed guardian declaration for minor children. This is a document which is signed by the parent and is filed with the clerk of court in the county where you and your children live. The filing fee is extremely small and is in fact waived in several counties. The document would be utilized by the judge in deciding who your children’s guardian would be. There is certain information which is required by law to be included in a preneed guardian declaration for minors. An important benefit of using a preneed guardian declaration for minors is that you can name a successor or backup guardian. Therefore, if the first chosen guardian passes away, becomes sick or is unavailable for any reason, then the second person chosen can step right in with little legal hassel. You can also name multiple people to serve as co-guardian so as is the case with married couples. Naming multiple co-guardians needs to be done with a bit caution. Sometimes couple breakup or conflicts can occur which can be make co-guardian situations a bit tricky. The important thing is to make sure that your planning is in place so that any legal pitfalls can be minimized.
It is important to name a guardian in the event of your untimely passing
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- Written by Brandon Tyson, Esquire