Naming Guardianship

The agents quoted in this article are in no way related or affiliated with grkids.com. The information in this article is presented as information only and does not constitute legal advice.

Naming guardianship for your children is one topic few parents are eager to think about.

But naming guardianship is one of the most important things you can do to care for your child.

“The cost to get a will would end up being cheaper than the court costs on your family.” So why doesn’t everyone just write down their guardianship wishes on a signed piece of paper at home and file it away? Or just confirm with your chosen guardian that they are up for the task, in the event that you die suddenly? Wouldn’t that be the easiest solution?

“You could always tell someone,” says Sara Muilenburg, attorney at the Law Office of Sara Muilenburg in Grandville. “If you had a parent that you wanted to be the guardian you could tell them that. But if your in-laws said that they would be better suited to take care of your children, they could take it to the courts.”

“The cost to get a will would end up being cheaper than the court costs on your family,” she continues.

Let’s not forget single parent situations, either.

“Say a mom has taken care of the child and the child doesn’t know dad,” says Jennifer Fullmer, associate attorney with Grzanka Grit McDonald in Grand Rapids. “If dad was on the birth certificate or has any legal rights to the child, he would have priority and the child would go to him by default. An attorney can help determine what, if anything, can be done to avoid that situation.” And if losing their parent were hard enough, imagine a child suddenly living with someone they’ve never met.

Most people will agree that having a will is a smart idea, especially for parents with young children at home. So why don’t more people have wills that name guardianship?

Cost.

Shelling out a few hundred bucks for a piece of paper that you may or may not use for several decades isn’t something that every family can make a priority. One option that local families consider are the one-stop legal shops that have popped up online, such as Cascade’s For The People.

Here you can put together a simple will for as low as $99, according to their site. Which, for people who are highly motivated and will do a lot of research about what they need in their will and what legal terms to specifically use, this can be a fine route. But parents should be aware of the potential drawbacks of these online places before making a decision.

“A lot of people think they can do the wills online and use those resources,” says Muilenburg. “They are okay, but you get what you pay for.”

Muilenburg recommends that families seek out an attorney when preparing a will or trust. “A lot of attorneys will give free consultations and give you their prices.”

“(Online resources) may not include everything that you’d want included in a will and may not have all the legal terms in a will that you would want. How you say something may not be how the court would interpret it,” she says.

“You’re not getting any legal advise,” adds Fullmer of the online will preparers.

For instance, do you want your children’s guardian to also be in charge of your assets? Do you want your children to continue attending the same school? Do you want your children to suddenly inherit everything once they become legal adults at age 18, even if they aren’t quite mature enough to handle that kind of wealth? Are you able to navigate those tricky legal waters on your own as you prepare your online will?

“Generally, most people feel safe with the guardian also being appointed conservator and handling money for the child’s benefit,” says Fullmer. “But maybe you want to appoint an attorney or financial institution to look over the money to make sure it’s a little safer.”

For some families, having a trust would be a better option over a will. If you have assets that will not be exhausted by the time your children reach adulthoood, “your better option would be to get a trust,” suggests Muilenburg. “A trust can then specify how you want your funds distributed to them and when.”

When you consider all the added benefits of drafting a will or trust through a local attorney, the cost to do so may not seem so high. For Fullmer a simple will package is $250. Muilenburg includes Powers of Attorney for both financial and health care for her basic will plan, which is $500. Trusts can cost more.

When naming guardianship for your children there are a lot of things to think about beyond just “who will raise my children in my absence?” If you educate yourself on the options and make a wise pick for your family, the peace of mind you’ll experience is worth more than whatever dollar amount you paid for that legal document.

For many families, though, picking a guardian is tough enough. Not only do you have to determine who could raise your children in the way you wish, but they also have to be someone who would raise your children. Remember to talk with your proposed guardians to make sure they are up for the task.

“What I would look at in a guardian is someone who would raise my children like I would,” says Muilenburg. “Someone who shares the same morals and values that I have and would instill those in my children.”

“This has to be somebody you completely trust with your children,” encourages Fullmer. “I recommend (naming guardianship) to all my friends.”

What about you?

Have you named a legal guardian for your children… just in case? Who did you use? Any questions about how to get this done? We’ll be doing a followup to this article, so let us know what’s on your mind.