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When Parents Cannot Agree on a Guardian

Choosing a Guardian is Not an Easy Decision

Choosing a guardian for your children in case something happens to you and your spouse is an important decision which should be made and put in writing in your estate plan. Choosing a guardian is a very personal decision though and there are three common difficulties in making your selection:

  1. Finding someone who is capable and geographically situated to be guardian to your children;
  2. Finding someone who is willing to be guardian to your children (make sure the person you select is actually willing to accept the responsibility); and
  3. Agreeing with your spouse on who should be guardian to your children.

Avoid Conflict Later

While agreeing with your spouse may seem like the least of your worries, if you each name a different person as guardian for your children, conflict may result and the two guardians may also end up in a court battle over your children.

If you cannot agree on a guardian with your spouse, you should each make a list of the qualities of a guardian that are most important to you: values, financial security, location, family, etc. Go through your list of priorities and see which guardian is a better match for each category. That may make your selection process more objective than each of you picking your best friend.

Getting Legal Help

Experienced Estate Planning Attorney Elga Goodman can help you make an estate plan that ensures your children will be well cared for and there never be a gap in the care they deserve.

Call us today at 973-841-5111.

Posted in: Estate Planning, New York Estate Planning