News & Resources

Common Mistakes to Avoid When Selecting a Guardian

October 14, 2019 in Uncategorized | MARTIN WREN, P.C. | LEAVE A COMMENT

Virginia Estate Lawyers

Choosing a Guardian

Selecting a guardian for your minor children is one of the most important decisions you will make when establishing a will. Your children are a very important part of your life, and you want someone you trust to take care of them should you die suddenly. If you don’t name a guardian in your will, the state will decide who will look after your children after you die. With that being said, here are some common mistakes you want to avoid when selecting a guardian for your children.

Choosing Only One Guardian

Even if you are adamant about a certain person taking care of your children, it’s always a good idea to select an alternate guardian. You never know if your chosen guardian’s life circumstances might change and he or she can no longer take care of your children. For example, the guardian you select could develop a serious illness and no longer be able to look after your little ones. If you name an alternate guardian in your will, you know that your kids will be taken care of.

Letting Your Emotional Side Take Over Your Logical Side

Choosing a guardian for your children should be a logical decision, not an emotional one. For example, you may love your sister and she’s great to your kids, but she works long hours and is never home. Your children need someone who can actually spend time with them. Remove emotions out of this decision and think logically about the best interests of your children.

Naming a Guardian the Court Won’t Allow

The court doesn’t automatically honor a parent’s decision on who should serve as guardian to their children. They look at several factors before granting permission for a person to serve as guardian. For instance, if the person you’re considering has an extensive criminal history, the court might feel like he or she won’t be the best influence on your kids and deny him or her guardianship.

Choosing Someone Without Financial Resources

The guardian you have in mind might love your children and always be there for them, but if this person doesn’t have the necessary financial resources to provide for your kids, he or she might not be the best choice for guardian. Children require shelter, food, clothes, medical care, and many other resources that can cost thousands every year. You want the person taking caring of them to be able to comfortably provide all of that.

Consulting with an Estate Planning Lawyer

If you’re ready to establish a will, you should schedule a consultation with an estate planning lawyer, like an estate planning lawyer in Prussia, PA. A will is a complicated legal document, and you want someone with knowledge and experience on your side. 

Thanks to Klenk Law for their insight into common mistakes people make when selecting a guardian for their children. 

Contact Our Virginia Lawyers

We serve clients throughout Virginia — from Charlottesville and Central Virginia to metropolitan Richmond; Harrisonburg and the Shenandoah Valley to Roanoke; and the cities of Hampton Roads to the Northern Virginia cities of  Fairfax, Alexandria and Arlington.

To speak with one of our attorneys, please call us at (434) 817-3100.

Our Virginia personal injury lawyers at MartinWren, P.C. also have a statewide practice and offer free consultations at a time and location that is convenient for you.  We will gladly meet with you at your home or at the hospital, even on nights and weekends.

To schedule a free consultation with a personal injury lawyer, please call us at (434) 817-3100.

latest firm news