Legal Blog

The Weekly Scenario: Qualities to Look for in A Guardian

 

Question: What qualities should I look for when choosing a guardian for my minor children?

Answer: When you are nominating the guardian for minor children, the objective is to provide each child as little disruption to his or her life as possible. To accomplish that, you should choose an individual who will raise your children the same way you would raise them if you were still living. The guardian should have similar philosophies to yours about raising children, education, discipline, and religious matters.

If you chose a married couple, you will need to determine whether to name just one individual or if you are naming the couple, you should consider what will happen if the guardians you appoint get divorced after your children have moved in with them.

You might also want to consider the economic wherewithal of the guardian so that you don’t saddle them with the responsibility that will overwhelm them financially. If you have more than one child and want to keep the children together, you will have to name a guardian that is willing and able to take all of them.

Comment: You should certainly check with the potential guardian ahead of time to be sure they are willing and then perhaps name back up guardians in case circumstances change and the person who agreed in advance is unable to take their children at the actual time of your death.

 

As always, if you have any questions or would like to learn more, please contact Steve Shane at sshane@offitkurman.com or 301.575.0313.

ABOUT STEVE SHANE

Steve Shane Casual Smallsshane@offitkurman.com | 301.575.0313

Steve Shane provides strategic counseling to clients in need of estate administration, charitable giving and business continuity planning while minimizing estate, gift, and generation-skipping transfer tax exposure. He offers legal guidance to clients on asset protection and the proper disposition of assets in accordance with the client’s objectives, while employing tax planning techniques such as the use of irrevocable trusts, life insurance planning, lifetime gifts and charitable trust. He is also experienced with drafting documents for business planning, the incorporation and application for exemption for Private Foundations and the administration of decedents’ estates.

 

 

 

ABOUT OFFIT KURMAN

Offit Kurman is one of the fastest-growing full-service law firms in the United States. With 14 offices in seven states, and the District of Columbia, and growing by 50% in two years through expansions in New York City and Charlotte, North Carolina, Offit Kurman is well-positioned to meet the legal needs of dynamic businesses and the individuals who own and operate them. For over 30 years, we’ve represented privately held companies and families of wealth throughout their business life cycles.

Whatever and wherever your industry, Offit Kurman is the better way to protect your business, preserve your family’s wealth, and resolve your most challenging legal conflicts. At Offit Kurman, we distinguish ourselves by the quality and breadth of our legal services—as well as our unique operational structure, which encourages a culture of collaboration and entrepreneurialism. The same approach that makes our firm attractive to legal practitioners also gives clients access to experienced counsel in every area of the law.

Find out why Offit Kurman is The Better Way to protect your business, your assets and your family by connecting via our Blog, Facebook, Twitter, Instagram, YouTube, and LinkedIn pages. You can also sign up to receive LawMatters, Offit Kurman’s monthly newsletter covering a diverse selection of legal and corporate thought leadership content.

DELAWARE | MARYLAND | NEW JERSEY | NEW YORK | NORTH CAROLINA | PENNSYLVANIA | VIRGINIA | WASHINGTON, DC