Selecting The Right Guardian for Your Minor Children
Estate planning allows you to put measures in place to safeguard your assets and your loved ones. This becomes even more critical for parents who have minor children that have the desire to protect them and to ensure that proper provisions are put in place for their well-being.
This is why it becomes important to put the right legal planning in place for your minor children so that they can be protected, cared for and receive the support they need if you are not around. This can be done by appointing guardians to step in and take on the role of taking care of your minor child if something ever happens to you.
By not legally documenting guardians for your minor children, this leaves them vulnerable and at risk of being taken care of by someone you may not have chosen or in a manner that you ultimately would not have envisioned for your child’s future.
Under Barbadian law, a minor is a person who is not of “full age” that is, a person under the age of 18. Either a father or mother of a minor may appoint a person to be the guardian of the minor after his or her death. This may be done by way of a deed or a Last Will & Testament. For the purposes of this article, we will be discussing the appointment of guardians under a Last Will & Testament. In the case where guardians are appointed by both parents, the chosen guardians are to act jointly after the death of the last surviving parent.
The Role of the Guardian
A guardian of a minor is an individual that is nominated to assume the rights and duties of a parental figure including providing for the child’s upbringing, education, maintenance, protection, shelter, health and well-being. Selecting an individual to fill this role is one that requires some planning in order to choose the right person to take on the responsibilities of maintaining and serving such a significant role in your child’s future and development.
Best Practices When Selecting A Guardian
It is therefore critical that you go through the process of carefully selecting the right person to serve as a guardian for your children in the event of your death. This will be someone you can trust and who shares similar values as you when it comes to raising your children.
In this article, we share some important considerations to take into account when appointing a guardian for your minor children.
Outline the Ideal Qualities of the Guardian You Would Wish to Appoint
The first step in selecting a guardian is to determine who your ideal candidate would be. You should begin to brainstorm the ideal qualities of the individual that would suit this role. Consider some of the following: what is the ideal guardian’s personal values & belief system, parenting style, spiritual or religious background, personality traits, present relationship with you and your child, experience with children, health and capability, as well as any other areas that are important to you.
2. Make a List of the Proposed Guardians Based on the Criteria You Outlined
After determining the ideal qualities of the guardian, create a list of the potential candidates that fit the criteria that are important to you. Your potential guardian may be a family member, a friend or a trusted individual. From the list of names you have outlined, determine who is the most suitable candidate or candidates. Based on your personal preferences, you may consider one person or multiple individuals to serve.
3. Discuss the Proposed Guardianship Role with your Ideal Candidate(s)
Thirdly you should have a conversation with the proposed guardian(s). Have open and frank discussions about how you would wish for him or her to step in and serve in this role and how you would want your child to be taken care of and raised in the event that something happens to you. You should also make provisions in place so that they feel fully supported. If your minor child has any unique concerns, such as special needs, you should also document and compile key information related to your child’s medical history, medical experts and any other specific practices that your proposed guardian should be aware of, so as to make the process a smooth one. Whether the chosen individual is a relative, friend or other trusted individual, you will want to glean critical information about whether they understand and respect your values and whether they would be willing and able to act if or when they need to serve in their capacity as guardian.
4. Legally Document Your Wishes
After you have engaged in discussions with the potential candidate or candidates, you will be in a good position to have a clear judgment about who will be best suited to care for your minor child at the appointed time. Once this person has indicated his or her willingness to serve in this capacity, your next step will be to appoint your guardian in a legal document. Typically, this can be provided for in your Last Will and Testament. It will therefore be important to include guardianship designations when creating your Will.
The Importance of Planning Ahead
As a parent, your child’s future is something that will be of major significance to you. Putting legal plans in place to ensure that your child’s best interests are taken into account will therefore be a priority for you and for them. While estate planning can be a sensitive topic, you can begin to discuss with a trusted advisor about how you can begin putting your affairs in order and about how you can put the necessary provisions in place to safeguard the future of your children if you are unable to care for them, whatever the circumstances. The thought of not being present during your child’s life may be a difficult one, but carefully planning and considering your options is all part of being a parent.
Nominating guardians for your minor will be a very personal choice that requires planning. By putting measures in place, this allows your children to be protected. Ultimately, you will want to select an individual that is willing, compassionate, dependable and trustworthy to honour you and your child’s wishes.
Questions?
Thank you for taking the time to learn more about the best practices when selecting the right Guardian for your minor children.
If you are a seeking to appoint guardians under your Last Will and Testament and require further guidance on the process, our office would be delighted to speak with you about your particular concerns. To find out if we can be of assistance, kindly contact us our office by clicking here.
