Choosing a Guardian to Name in Your Will


When handing your will and estate planning, one of the most important decisions you’ll have to make is who will take care of your children if you become incapacitated or in the event of your death.


“If you don't name a legal guardian in your will, the court will choose who will care for your children,” says Alex Hilsen, Esq., LL.M., head of SGW’s Estate Planning Division. “And you can’t assume that they will automatically grant custody to aunts, uncles, or grandparents.”


When drawing up your will, be sure that you and the other parent agree with who will be your child’s legal guardian so you can name the same person in both of your wills. “It’s a highly personal decision, so you want to make sure that you’re on the same page,” says Hilsen. You might also want to think about naming an alternate guardian if the person named isn’t able to take on the responsibility for whatever reason. “This may be a particular concern if you have a child with special needs.”

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