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Importance of naming a guardian in a will

Making sure minor children are taken care of after the death of their parents is an important consideration for families in Michigan. While it is not a fun topic, making this decision can prevent legal battles and emotional turmoil in the future.

According to FindLaw, a will is a good place to name a guardian as well as an alternative choice. For parents with multiple children, it is possible to name a different guardian for each one if this is preferred. Also, if it is a married couple, each one should be named in the document so they both have legal rights when raising the child. It is a good idea to include a letter further explaining the choice of guardian. Information that can be provided includes the relationship between the guardian and child, the reasons why they would be a good guardian and who can provide stability for the child.

What considerations should be made when choosing a guardian? Because they will be making important decisions and are providing a home, great care should be taken when deciding who is best to take care of surviving children. According to Michigan Legal Aid, guardians should be able to financially provide for the child, even if the will does not give the guardian financial means. It may seem obvious, but the guardian should be aware they are being named and want to provide for and raise the child. Along with providing proper shelter, a guardian should share similar beliefs and values as the parents and have a good disposition.    

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Bebout, Potere, Cox & Bennion, P.C.
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Rochester, MI 48307

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