Making The Complex

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Family law: Naming a guardian for children

The last thing people want to think about is not having the right guardian in place for their children in case the unforeseen should happen and they pass away. Family law rules in Louisiana pave the way for parents to name a guardian for their minor children in the event of their untimely deaths, but it likely is one of the most difficult, yet most important decisions they may make. No parents want their children to be cared for by just anyone, but that might be a possibility if they don’t name a guardian in a formal, written document.

In choosing the most capable person, parents are advised to make a list of their own values and parenting style and what they see as being important when raising their children. From this information they can create a list of possible guardian candidates. But, it’s not as easy as all that. The people chosen must be willing to take on the responsibility of caring for their children in case something happens to them and not everyone may be willing to do that.

Once they have the list down to a few people, it’s time to ask the first choice if he or she or they would be willing to become guardian to minor children. Once someone agrees, the dynamics could be discussed — things like how the children should be raised, ideally. The decision must be accompanied by an inclusion in a will.

A Louisiana family law attorney may be able to help his or her clients with the guardian inclusion in their wills. A compassionate lawyer knows this a difficult and emotional decision for parents and will offer all pertinent legal guidance in the matter. By doing so, parents will have peace of mind that their children will be cared for, if they can no longer do so. 

Source: Forbes, “How To Choose The Right Guardian For Your Child“, Liz Frazier Peck, Accessed on March 19, 2018


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