In your estate plan, you may care more about who will oversee your child’s welfare if something happens to you versus what happens to your property and assets. So it is not only important to mention a guardian designation in your estate plan, but it must also be the right one. Without further ado, please follow along to find out how to choose a legal guardian for your minor child and how a proficient New York City guardianship attorney at Zimmet Law Group, P.C., can help you make this official.
How do I appropriately choose a guardian for my minor child?
Before all else, an individual must meet New York State’s standards for a legal guardian. Namely, they must be an adult over 18 years old who is also deemed mentally competent. From here, you may go off your personal preferences for who is best equipped to care for your minor child in the way you would have wanted and ultimately would have provided yourself if you were still around. That said, you may consider the following characteristics for a prospective guardian:
- An adult who shares your same personal values and parenting styles.
- An adult whom your minor child is already familiar with and comfortable being around.
- An adult with the emotional maturity to raise your child through all stages of childhood development.
- An adult with the financial capacity to support your minor child’s needs (i.e., basic needs, healthcare, education, etc).
- An adult who can provide a stable home life for your minor child, closely similar to what they are already accustomed to.
- An adult who lives in the same general region as you, so that your minor child will not have to be drastically relocated.
How do I formally appoint a guardian for my minor child?
You must state your preference for whom you wish to take over as the legal guardian of your minor child in writing, preferably in your Last Will and Testament document. Here, it may be strategic to also appoint a successor guardian, which is better than a co-guardian, if your primary guardian is unable or unwilling to serve. Otherwise, the New York State Surrogate’s Court may make its own ruling on who is to fill this position, which could ultimately be any close relative, or a friend of the family or professional guardian who steps forward to volunteer.
To avoid losing control over this appointment, it is always best to speak with your intended guardian while you still have the opportunity to. This is so that you may ensure they are willing and prepared to take on this role and that they have the long-term ability to do so. Further, you should confirm that this is clearly disclosed in your will, and that this document is properly executed per New York State’s estate planning guidelines, and thereby valid and enforceable by the Surrogate’s Court.
If you are still hesitant about taking the monumental step of starting your estate plan, consult with a talented New York City estate planning attorney from Zimmet Law Group, P.C., to get the assurance and confidence you need to proceed. From here on out, we will be with you every step of the way.
