No parent wants to think about dying or imagine what life would look like for their children if they were no longer here. But for parents of minor children, making legal plans for their care is one of the most important parts of an estate plan, especially in the event of an unexpected death.
In Florida, children are legally considered minors until they turn eighteen (18). Designating a guardian allows you to state who you would prefer to care for your children if you die before they become adults. You may make this designation in your Will or Trust and/or in a separate estate planning document called a Pre-Need Declaration of Guardian.
Why Choosing a Guardian Matters
A guardian may be responsible for raising your children, making day-to-day decisions, providing emotional support, and helping preserve the stability and values you would want for them. Because this role is so significant, choosing the right person requires careful thought—not just about who loves your children, but who is truly prepared to care for them.
Key Factors to Consider When Choosing a Guardian
1. Choose Someone Your Children Know and Trust
If possible, select someone your children already know, trust, and respect. If the unexpected occurs, your children’s lives will already be deeply disrupted. Being placed with someone familiar can make the transition more comfortable and less frightening. You generally do not want your children to be placed with strangers or with someone who has not already built a meaningful connection with them.
2. Look for Shared Values and Beliefs
Consider whether the person you are choosing shares your beliefs and values. This may include views on parenting, education, religion, finances, discipline, family relationships, and other matters that are important to you. While no one will parent exactly the way you do, choosing someone with similar values can help ensure your children are raised in a way that reflects your wishes.
3. Consider Financial Stability
You should also think about whether the person you name can financially afford to care for and raise your children. Even if your estate plan leaves funds for your children’s care, raising children can be costly. Ideally, you do not want to place your children in a home where finances may become a serious issue or create added stress during an already difficult time.
4. Make Sure the Person Is Willing to Serve
Do not assume that the person you have in mind is willing or able to take on this role. Serving as guardian is a major responsibility. Before naming someone, have an honest conversation with them about what the role would involve and whether they are truly prepared to accept it.
This discussion can also give you an opportunity to explain your wishes, values, and expectations for your children’s upbringing.
Helpful Questions to Ask Yourself
When selecting a guardian, ask yourself the following questions:
- Does this person already have a strong relationship with my children?
- Would my children feel safe and supported in this person’s care?
- Does this person share my parenting style, values, or beliefs?
- Can this person provide a stable home environment?
- Is this person financially and emotionally prepared for the responsibility?
- Have I discussed the decision with them directly?
Put Your Decision in a Proper Legal Document
Once you decide who you would want to serve as guardian, it is important to document your wishes properly. In Florida, this may be done through your Will or Trust and/or through a Pre-Need Declaration of Guardian. An experienced estate planning attorney can help you understand your options, prepare the appropriate documents, and ensure your wishes are clearly stated.
While no one wants to think about the possibility of not being there for their children, making these decisions now can provide clarity, protection, and peace of mind for your family. Speak with an experienced estate planning attorney who can guide you through this process and help ensure your estate plan carries out your goals—especially for your minor children.
Please contact Ann Marie Gilden, Esquire of Ann Marie Giordano Gilden, P.A. to assist you in your Guardianship and Probate Administration matters at (407) 732-7600, and visit my website at www.AnnMarieGildenLaw.com.
This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create any attorney client relationship.