
It is probably unbearable for you to think of a world where your minor children have to live without your guidance, support, and care. But when it comes to estate planning, you must think of and prepare for a worst-case scenario. So in a worst-case scenario where you sadly pass on while your children are still small, you must plan for another trusted adult(s) to take over as their legal guardian(s). For this, please read on to discover how to choose and designate a guardian for your minor children and how a seasoned Butler County will preparation attorney at Heritage Elder Law & Estate Planning, LLC can help you avoid the consequences of not doing so on time.
How do I designate a guardian for my minor children?
The most commonly utilized tool for designating a guardian for minor children is a last will and testament. Here, you must ensure that your designated guardian meets all the legal requirements under Pennsylvania estate law, such as being at least 18 years of age. Then, you must confirm that this individual is the best fit for this position. Specifically, this individual should be someone your children already have a close relationship with; who lives nearby and would not make your children relocate; and who has the time and resources to take care of your children’s needs and wants.
Even if your designated guardian meets the requirements and is well suited in your eyes, the Pennsylvania probate court does not necessarily have to approve of it. Rather, the court may disqualify them for what they believe to be a valid reason. To prepare for this potentially tough possibility, it is in your best interest to also name a backup guardian in your will document.
What happens if I do not establish guardianship orders?
Say, for instance, you sadly pass on before establishing a last will and testament and subsequently appointing a guardian. Or, say the Pennsylvania probate court does not approve your original guardian designation and you did not assign an alternate. In cases such as these, the court may name a surviving family member as the guardian for your minor children. But if multiple family members step forward and petition for guardianship rights, the court may listen to each of their presented cases before deciding.
Unfortunately, if there is no surviving family member or otherwise a volunteer that steps forward, the court may place your minor children in foster care or a group home. Evidently, this is something you do not want for your children. So please, don’t hesitate to get in touch with one of the competent Butler County estate planning & probate attorneys today. We, at Heritage Elder Law & Estate Planning, LLC, look forward to your phone call.