How To Choose A Guardian For Your Children

Ask any good parent, and they'll tell you that caring for the children's physical, mental, and emotional well-being is their top priority. If you have children of your own, you probably agree with this statement wholeheartedly. Unfortunately, life is unpredictable; there is no way to guarantee that you will be around to care for your child forever.


Though many children need and seek out advice and assistance from their parents well into adulthood, they become adults under Missouri law when they turn eighteen. Generally, children ages seventeen and under need a legal guardian if their parents are unable, unwilling or unfit to act as a custodial parent.  If you have a child under the age of eighteen, it is important to make preparations so that they will be cared for if something should happen to you.

Whom Should You Designate As A Legal Guardian For Your Children?

If you die or become incapacitated, the individual you designate as your child's legal guardian will step in to fill the role. If you have not appointed someone in your estate plan documents, the Court may appoint someone. In order to ensure that your desired party fills this important role, you should set up an estate plan at the Lake of the Ozarks designating (among other things) a legal guardian for your minor child. Here are a few things to keep in mind when choosing whom to designate.

Your Chosen Individual Should Be...

Close To Your Child
If an alternate guardian must step in, something unexpected and/or traumatic has probably happened to you. As a result, it is likely that your child will be grieving your loss, scared of the unknown, and under a great deal of stress. Ideally, the new guardian should be someone he/she feels comfortable opening up to during this tumultuous time. An aunt, uncle, or close family friend could be a great example.

Responsible And Reliable
It doesn't matter whether they're infants or teenagers; caring for a child is no small feat. The individual you appoint to serve as your child's guardian should be trustworthy, responsible, and reliable - someone you can count on to look out for your childs best interests and do all they can to ensure that your children receive the best possible care.

Of Strong Moral Character
Morals and ethics are always important, but perhaps never quite as important as when raising a child. As the guardian, the children look to you to provide support, safety, food and housing, companionship, and so much more. When considering whom to appoint as your child's legal guardian, it is important that you select someone who adheres to the same code of ethics that you do. This way, you'll be more confident that he/she will raise your child to the same standards that you would have.

You Can Appoint Different Types Of Guardians

The state of Missouri allows parents to designate two different types of guardians: guardian of the estate and guardian of the person. So far, we have talked about the types of things to look for in the individual who will serve as the guardian of the person - the one who will house your child and care for their daily needs. The guardian of the estate will be responsible for managing your child's financial assets until they are old enough to do so for themselves. You can designate two separate people to fill these roles. If you know someone who would be able to responsibly manage an estate but who may not be particularly great at day-to-day childcare, you can appoint him/her as guardian of the estate and look to someone else to serve as guardian of the person.

No matter whom you select, it is important to have an open, honest conversation with them about the roles you hope for them to fill if something should happen to you. Caring for a child's estate or personal well-being is a big responsibility, and it is critical that your chosen individuals are willing to step up to the task.

PMCW Law Can Help You Officially Appoint These Guardians

Having a conversation with someone about filling the role of a guardian is not enough; in order for them to be legally recognized as your child's guardian if something should happen to you, you must set up a will designating him/her to fill this role. The attorneys at the Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C. would be more than happy to help you with this process. As experienced estate planning attorneys in Camdenton MO, we understand all the necessary components of a strong estate plan. Visit our website to learn more: www.pmcwlaw.com

Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
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