3 Problems You Can Face When Selecting A Guardian

To ensure that your child is protected and cared for in the event you and your partner die, are incarcerated, or in some other way unable to physically and emotionally care for your child, you need to name a guardian. The guardian would be responsible for the day-to-day care of your child. Choosing a guardian can present a number of challenges. Here are some problems you and your partner can face when naming a guardian and possible solutions.

The Guardian Is Not Good With Money

A guardian has many duties when taking a child into his or her home. One of those is ensuring that the child's financial needs are also met. Unfortunately, it is possible that your selection is good at the physical and emotional aspects of raising a child, but not the financial side. If you are hesitant to name someone to be your child's guardian solely because he or she is bad with money, there is an available solution.

You can set up a trust to manage the money left to care for your child. The trust can oversee large purchases and provide an allowance to the guardian to help with the financial support of the child. This frees up your guardian so that he or she can focus on the day-to-day well-being of the child and not finances. 

The Guardian Is Married to Someone You Do Not Like

In a perfect world, the person you want as guardian is married to a great person and he or she can help care for your child, too. Unfortunately, it is possible that your ideal guardian is married to someone you do not like. Although you cannot dictate who your guardian selection marries, you can have a say in who is responsible for raising your child in the event that the couple divorces. 

When naming your guardian, ensure that your selection is listed as the guardian, and not the couple. If the couple divorces in the future, your guardian should retain custody of your child. 

The Guardian Is Not Family

You have the right to name anyone to serve as the guardian of your child. However, your family might not be happy if you name someone who is not in the family as the guardian. This could lead to a legal battle over your child if something happens to you and your partner. 

The best way to deal with this problem is to talk to your family about your decision. By talking to them now, you can explain why you chose the person you did. 

There are other problems that you and your partner can face when naming a guardian. Talk to your family attorney or a firm like Woehrle Franklin Dahlberg Jones PLLC about those potential issues and what you and your partner can do to find solutions.


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