In the cases of families with minor children, guardianship designations are very important. The parents, custodian, or legal guardian of the minor children should always consider the situations where another person may need to be take care of the children. By doing so, a great deal of stress and possible conflict in Family Court can be avoided. At minimum, legal guardians and backups should be named in the Wills. Consideration should be made as to how guardianship is granted as well. For example, if naming another couple as guardians, is there a possibility that the couple could divorce, and in that situation should the children stay with one person, or go to a second-named backup couple.
Lowcountry Legal Solutions takes child guardianship and custody very seriously and we go a step further. We have several extra documents - such as powers of attorney - which help reinforce the decisions made in the Will regarding the minor children. As your most precicous legacy, the protection and consideration of child custody and guardianship must be central to the estate planning process.