Child Guardianship Clause - Living Will

How To Make Sure Your Children Are Cared For In The Event Of Your Death

Wills are typically for a person (single or married) with children or without children. When you use a pre-assembled will, all you have to do is type in what you want filled out since they’re generally already laid out with the necessary fields. These already assembled will forms are meant to be utilized as simplified worksheets to help you prepare your personal will. The forms must be filled in by hand and, based on instructions, must be retyped.

Why You Need The Child Guardianship Clause In Your Will

The clause is only present in these already assembled wills that deal with children. The clause helps you to denote your choice in person or persons to care for your minor children after you have died. If you have no minor children, you can ignore/delete the clause.

Who you get to be your children’s guardian is very important. If you’re married, your spouse is typically going to be appointed to be the guardian… unless you say otherwise in the will. If you’re married, it’s always best to pick your spouse for your first choice then designate a second person. By doing this, you have a contingency plan in case your spouse dies at the same time as you.

You should choose someone you really trust to care for your children… the best they can after you have passed away. Make sure the court is guided, and not tied, to this decision. The court should appoint the guardian of your children based on what’s best for their needs. Most of the time, the court will approve a person’s request for guardianship based on what the clause states. On top of that, you grant the children’s guardian to care for and handle their property. Plus, ensure that they don’t need to pay a bond to be appointed. You might want to know when to get guardianship in the future.

Make sure you clearly name the guardian and appoint an alternative guardian as well… by full name. In the space provided be sure to identify the guardian’s relationship such as “wife”, “husband”, “best friend”, “godfather”, “godmother”, etc. The guardians you choose do not have to be related to you personally.

Not anyone can be eligible for the child guardianship. Only a parent who holds parental responsibility can become a legal guardian for the child. In the real world, it is possible that the natural parent and person with parental responsibility are different. The will guardianship clause will be effective when the parents with parental responsibility die. Then the legal guardian will make a decision about the child’s schooling, health care matters and other daily activities.

For more legal information and helpful advice, go to Free Legal Forms site, and you can find many legal information and useful legal forms that are completely free of charges, including Living Trust Forms that can be used by those who want to set up estate planning with or without the help of lawyers.