Can I Use a Will to Appoint a Guardian for My Children?

At one point, you may tell one of your loved ones that, should anything happen to you, you would want them to step in and take care of your children. They may say, of course, that they will be there for your children, as a permanent fixture, in such an unfortunate event. Even though you may feel good about this verbal agreement, it may not stand in the Pennsylvania probate court. Rather, this should go down in writing at some capacity in your established estate plan. With that being said, please continue reading to learn whether you can use a will document to appoint a guardian for your children and how an experienced Butler County will preparation attorney at Heritage Elder Law & Estate Planning, LLC can work to ensure the court approves your designation.

Can I use a will document to appoint a guardian for my children?

You may only view your Last Will and Testament as a legal document that distributes your estate’s property and assets amongst your named beneficiaries after you have sadly passed away. However, it has far greater legal capabilities than this, such as ensuring there is a designated legal guardian for your minor children in the event of your death or should you otherwise become mentally incapacitated. Importantly, simply writing down a guardian’s name in an informal note may not be enough to pass the Pennsylvania probate court. Rather, you should include it in your properly executed, valid, and enforceable will document.

Under what circumstances might a court deny a guardian?

You should know that a Pennsylvania probate court may not blindly accept your appointed guardian. Rather, they will conduct a comprehensive review of your guardianship designation and first ensure that this individual is willing to take on this serious responsibility. Then, they will assess whether this individual is capable of caring for your children physically, mentally, emotionally, and financially. It may not help an individual’s case if the court discovers their history of criminal acts, substance abuse, domestic violence, etc. Under any of these circumstances, the court may rule that this guardianship appointment does not work in your children’s best interests.

In this event, the court may appoint the successor guardian you named in your Last Will and Testament document. If you did not list a successor, or if they also view your successor as unfit, they may make their own ruling. Usually, the court finds it in the child’s best interests to name a close family member (i.e., grandparent, aunt or uncle, etc.), who is also agreeable to becoming the guardian. They may also consider any individual who steps forward and volunteers for this role, which may entail your close friend or even a professional guardian. Lastly, the court may heavily weigh your children’s wishes for who they want to live with and be under the direct guidance of, so long as they are viewed as mature enough to contemplate this.

If you are still hesitant about taking the monumental step of starting your estate plan, consult with one of the skilled Butler County estate planning attorneys from Heritage Elder Law & Estate Planning, LLC, to get the assurance and confidence you need to proceed. From here on out, we will be with you every step of the way.