Parents of minor children face unique problems when drafting wills, this article discusses the decisions that parents of minor children must make when drafting a will. Learn more about how to appoint a guardian for your children today. It only takes a few minutes, but peace of mind lasts a lifetime. Although the concept is similar, there is actually a clear legal difference between guardianship and custody. Both terms are used to describe a legal relationship between an adult and a child. And both are determined by a court. But these are not interchangeable ideas. The main difference between guardianship and custody concerns parentage and the extent of an adult`s responsibility and authority over the minor in question. The court will determine (1) whether your parent needs a guardian and (2) whether you are best placed to fulfill this role.
Physical abilities – now and later. “A lot of new 30-year-old parents come up to me and say, `I`m going to call my people!` and I say, `That`s great. How old are you? Your baby is just a sleeping little bean right now, but he gets active very quickly,” Fraum said. This is especially the case for children with special needs, who may need more care as they age. Guardianship of the estate is established to administer a child`s income, money or other property until the child reaches the age of 18. A child may need a guardian of the estate if they inherit money or assets. In most cases, the court appoints the surviving parent as guardian of the child`s estate. Some parents want to keep their choice of guardian secret to avoid drama, which Shane thinks is a mistake. She said she`s encountered situations where someone writes a selection without discussing it with the person, “and all of a sudden they`re a child`s guardian and it`s not going well. They don`t have time to prepare, which is not fair. Once you`ve chosen your guardian, check to see if the person is willing to do so and if they at least vaguely know what it takes to raise your child. Once appointed by the court, the guardian must submit the court order to the Social Security Administration and apply to be designated as the representative beneficiary of the ward.
Similarly, the guardian must then inform all banks, health and legal service providers in the municipality of the appointment. It`s wise to review your choice of guardian every five or 10 years if you have a young child (annually if your child has special needs), but there are times when it`s especially important to consider updating your will: It`s often referred to as “custody” in general, but there are actually two types – physical and legal. Older children (14 and older in most states) have a say in where they end up. “It`s really important for parents to get involved,” said Ted Froum, a real estate attorney based in Evanston, Illinois. “It could be a bit of a crash where several people are trying to pick up the slack.” There is no deadline by which you can appoint your child`s legal guardian, he said. “But if you don`t get involved, you risk the court making the decision without your input. Froum said about a third of his clients end up changing their initial choice of guardian, especially those who initially chose the child`s grandparents. Borland assures parents that changing legal guardians is not a particularly expensive process, especially if you have already drafted a will with a lawyer. She said it was as simple as sending an email. “You don`t need court approval except to go back to your lawyer,” she said. “If it`s a new lawyer, you may have an hour to review your plans. If this is your current lawyer, this is a very cost-effective change to correct.
It`s just a one-sided codicil. » Teamwork: Will your physical tutor and curator work well together? Lori Arneson, a 60-year-old beautician from Wilsonville, Oregon, was widowed at the age of 35 with two stepdaughters and a biological daughter when her husband, whose former wife had already died, died. She said the other administrator her husband had appointed, an old school friend who didn`t know Arneson well, sympathized with the family of her husband`s first wife, who thought one of the three children should live with them. The disagreement over guardianship led this child to move from Arneson`s home to another parent, causing family trouble. “If my co-trustee had been on my side, he could have handled outside influences a little better,” Arneson said. When dividing roles between financial custody and guardianship, Froun said, it`s important to consider whether the two parties will get along and work together for your child`s good.