How to Choose a Guardian for your Children

Of all of the decisions a parent must make when finalizing their estate planning documents, I think choosing a guardian is the most difficult.  For us married folk, we naturally want to give all of our property to our spouses and then to our kids in equal amounts.  Our executors (those who represent the estate in probate) are a relatively simple choice (spouses or a close family member who is deemed responsible or able to handle that sometimes difficult task).  But choosing a guardian is more of a personal and emotional choice than anything else.  Do you choose a sibling or a family friend?  Will a sibling be upset if I don't choose them?

Leanna Hamill  of the Mass. Estate Planning and Elder Law Blog and Sabrina Winters of the North Carolina Estate Planning Information Blog have both posted their thoughts on choosing guardians.

Both authors have great points on the decision:  lifestyle of the guardian, the guardian's job, whether your kids like these people.  The common theme, which I also share when advising my clients, is to choose based on what would be the best for the children.  Unlike choosing a best-man or bridesmaid, their is no "protocol" you sometimes have to follow in order not to put someone's nose out of joint. 

You are allowed to go outside of your immediate family on this one and absolutely do so if you don't feel your child's interests would be best served by such a choice.