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Who Will Love the Children?

Why It's Important to Name a Guardian for Your Kids

By Lisamarie Sanders

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It is vital that you have an open discussion with your potential guardians to determine willingness and discuss the issues relating to your child. Dr. Shubin recommends also discussing the childrearing factors that are important to you. "Like a set of instructions, but not as detailed," he says. This memorandum will offer guidance when you cannot.

The decision to accept the role as guardian is not something that can be done immediately, or laughed off with a "Sure, but you're not going anywhere for a long time." Clearly explain that you understand what an important decision it is, and that you want him to take the time to fully consider all aspects involved. Let the prospect know that you will not be offended if he declines the offer.

In addition to a primary guardian, you should select one or two alternatives to serve in the event that your primary selection is unable or unwilling to act as guardian if called upon. These alternatives should be given the same considerations as your primary choice.

Making It Legal
When a perspective guardian accepts the position, it is important that you make the decision known. The most common way of doing this is in the creation of a will. A legal representative can draft a simple but complete will for as little as $300. Lavin reinforces the importance of creating a will, stating, "Guardianship is manifest in a last will and testament 99 percent of the time."

However, if even a few hundred dollars is too much for your budget, he explains that a notarized written document describing your appointment of a guardian will usually stand in court.

Lavin suggests reevaluating your choice at least every three to five years, or as circumstances require. "You can always change your mind, and change your will," he says.

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