Legal Guardianship: Protecting Your Children's Future

Making decisions about legal guardianship can be challenging, but it's a crucial aspect of estate planning that deserves careful consideration. Today, let's delve into the significance of legal guardianship for your will and enduring power of attorney, and why you should think ahead before your estate planning appointment.

In terms of a will, legal guardianship pertains to someone who would assume responsibility for your child or children if both you and your spouse were to pass away. Typically, the surviving parent becomes the legal guardian. However, it's essential to designate an alternate guardian should both parents be unable to fulfill this role. Here are some factors to ponder when selecting a suitable legal guardian:

1. Location: Consider the potential guardian's proximity to your children's current residence, school, and support system.

2. Age and Personal Circumstances: Evaluate the guardian's age, family dynamics, and their ability to care for additional children. Taking on one child is different from taking on multiple children, so consider the capacity and circumstances of the potential guardian.

Don't forget the importance of having a backup legal guardian. While your first choice may be willing and able, circumstances can change. Designating an alternative guardian ensures that the decision remains within your control, rather than leaving it to chance or the court system.

In the context of an enduring power of attorney, temporary legal guardianship during your incapacitation is another crucial consideration. This person doesn't necessarily have to be the same as the one appointed in your will. Temporary guardianship enables someone to make important day-to-day decisions for your children, such as picking them up from school or daycare while you're unable to do so. Again, having a backup legal guardian in your enduring power of attorney ensures continuity of care if your primary choice is unable or unwilling to act.

Addressing these questions is a vital part of your estate planning journey. If you're ready to update your will or discuss legal guardianship for your children in the event of your passing or incapacitation, I encourage you to book a free consultation with me at viccalaw.com.au. Alternatively, feel free to call me directly at 0414 193 373.

Remember, thoughtful planning today ensures a secure future for your loved ones tomorrow.