What Guardianship Forms Do I Need To Protect My Children?

Anyone with a child should have an estate plan.

 A fundamental part of your estate planning is setting up the appropriate guardianship forms should something happen to you.

Unfortunately, many people do not have an estate plan or guardianship plans because they either have not thought about it or they are unsure how to start.

In this article, we will discuss how to make sure your kids are protected, and the forms you’ll need to think about to establish this plan.

A Will

A last will and testament can be the most important form you can have in your estate plan.

Your will is not only the place for you to outline what happens to your property after you die, it is also where you might name a guardian for your children (or pets), identify someone to handle your property after death on behalf of your children, and identify an executor to manage your property from the time you die until your estate is settled.

A will falls under the umbrella of guardianship forms because whoever you name in your will, will become your children’s permanent guardian after you die.

If you do not name someone, then either a judge (who likely does not know you or your family) will choose who they think will be best, or someone will have to petition the family court to become your children’s guardian.

If you want a specific person to raise your children after you die, then you need to have a will.

To find out how to choose the best guardian for your children, click here.

Temporary Guardianship

Naming a temporary guardian for your children is not something most people think about.  This is especially true if they have already named a permanent guardian.  But there is a good reason to get a temporary guardianship setup.  For instance,  if there is an emergency and your permanent guardian cannot get to your children right away, then your children will go into the state’s care until your permanent guardian can get to them.  This is just adding trauma to trauma – in an already uncomfortable situation for them!

Having a temporary guardian set up will help reduce the stress and anxiety the children may already be going through.  They will be more comfortable with someone they know and trust.  And they can start working towards their new sense of normalcy.

Setting up a temporary guardian is also important if you are going out of town or the country.  Setting up a temporary guardianship will allow your children’s caretaker to make school decisions and medical decisions if needed.

To read more about temporary guardianship, click here.

Letter of Instruction

One more guardianship form that gets overlooked is a letter of instruction.

This is the place where you explain your hopes and expectations for how your children are raised.  These include decisions about your children’s education, activities, and religion.  Be sure to update this letter as your children grow and their interests and needs change.  Also, make sure you share and discuss this letter with your chosen guardian(s) so there are no surprises.

These are the three most important guardianship forms to have for your estate plan to protect your children.  You can read our article What Legal Documents Do I Need for my Estate Plan? to learn more about what other documents you need to have in your estate plan to protect your children and family.

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