Estate Planning — 10 guardian mistakes that could put your kids at risk (and how to do it right)

Imagine something unexpected happens and you’re suddenly unable to care for your children. In that moment, you’d want to know they’ll be safe, supported and raised by people you trust. But unless you’ve taken the right legal steps, that might not happen.

Here are 10 common mistakes parents make when naming guardians – and how to avoid them.

1. Thinking a will is enough. Many parents assume that naming guardians in a will fully protects their children. But a will only takes effect after death – it doesn’t help if you become incapacitated. Without additional legal documents, your children could be left in temporary limbo.
2. Planning only for the long term. Even if you’ve named permanent guardians, who steps in immediately if something happens to you today? Without short-term guardians named in a legal document, your kids could be placed in protective custody while the authorities figure out what to do.
3. Not naming a guardian at all. Shockingly, many parents haven’t legally named anyone. In that case, a judge who doesn’t know your family will decide who raises your kids. That could mean someone you wouldn’t have chosen – or a custody battle between family members.
4. Not naming backup guardians. You might have the perfect guardian in mind, but what if that person is unavailable or unwilling to serve when the time comes? Always name backups to create a safety net.
5. Choosing guardians based on finances alone. It’s easy to think the most financially stable person is the best choice. But shared values, parenting style and emotional connection are far more important. You can always appoint someone else to manage the money.
6. Assuming godparents are legal guardians. Many people confuse religious or honorary godparents with legal guardians. But unless someone is named in a legal document, they have no authority to care for your children.
7. Not thinking beyond guardianship. Your plan should include who makes financial and medical decisions for your kids – not just who takes them in. Without proper legal tools, your guardian could face frustrating barriers to doing what’s best for your children.
8. Failing to communicate your wishes. Even if you’ve chosen the right person, don’t assume they’ll know what to do. Document your values, parenting preferences and anything important you want your guardian to follow.
9. Not updating your plan. Your life changes; your plan should too. As your children grow or relationships evolve, it’s crucial to review and update your plan regularly.
10. Naming a couple without a contingency plan. If your chosen guardians separate, what happens next? Decide in advance whether one of them would retain custody or if you’d prefer someone else take over.

As an estate planning attorney, I help parents create solid, customized plans that cover all the bases – so no matter what happens, your kids are always protected.

Send your questions to ccolan@colanlegal.com and use “Alpine Mountaineer estate planning question” as the subject. We’ll answer your questions in our upcoming issues. This article is provided by your local estate planning attorney, Corina Colan. The Law Office of Corina I. Colan / (909) 265-3315 / www.colanlegal.com