Asian Journal- The Filipino-American Community Newspaper

AS PARENTS of two young girls, it was a tough decision for me and my husband to go through. We’ve decided, revised, and re-revised the draft of our Will before we had it finalized.

Choosing a legal guardian for your children can be extremely difficult. Many people don’t have guardians selected simply because choosing the right person is next to impossible. But if you were to die, the court would decide who would raise your children. As difficult as it is to even think about, wouldn’t it be better for you to choose a guardian for your children than a judge who doesn’t know your family?

It’s not fun to think about what will happen to your family after your death, but the fact is that most parents die before their children. If you’re planning your estate and have young children, one of the most important decisions you’ll have to make is choosing a guardian for your minor children should the inevitable happen.

Sit with your spouse and make a list of the potential candidates. If you are a single parent and the children’s other parent is deceased then you might want to ask a close friend or relative to sit with you and help you sort through your list of candidates. They don’t have to help you make the final decision, but they can help you think of reasons the people on your list would or would not make a good guardian. They might point out things you would have otherwise overlooked.

Cross off the prospects that you immediately know would not be a good choice; leaving you with a list of a few choices that you think would make good legal guardians for your children.

Consider each potential guardian’s life style, job obligations, financial security, and their own family. And don’t forget to factor in their spouse. Your cousin, Mario, might fit each and every criterion to a "T", but you might think his wife is a less desirable candidate. Remember, your guardian’s spouse will help raise your children.

Give thought to the moral beliefs of your chosen guardians, whether you believe your children would be raised with similar values as you would raise them.

Narrow down the list to one or two choices and then think really long and hard about who best meets your high standards, and who you can envision raising your children.

Determine the age and physical abilities of your choice. A legal guardian of a minor must be at least 18-years-old, but you must also consider the limitations of choosing elderly parents or grandparents, who may not be able to care for your children up to adulthood.

Sit with the person you have chosen and let them know what you’ve been thinking. Ask them if they’d be willing to raise your children in the event of your death. Do not assume that everyone would be willing and able to take care of your children in your absence. You wouldn’t want to leave your children to someone without their knowledge!

Now that you have selected your guardian and they have agreed to the responsibility, you need to have your will drawn and make it legal.

In our case, the successor Trustee for our Trust is different from that of the legal Guardian of our children, which is a stipulation of our respective Wills. Assigning an alternate Trustee and Guardian is also pivotal.

NOTE: Evangeline is not an attorney nor does she provide legal advice. She prepares legal documents at the specific direction of the client. At your request, she can file your legal documents at the appropriate court. She is a Legal Document Assistant (LDA # 397, registered and bonded in Los Angeles County, expires 3/23/2011). For additional information, please check her website at www.evangelinegiron.net.

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( www.asianjournal.com )

( Published on June 20, 2009 in Asian Journal Los Angeles p. C8 )