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How to appoint guardians for one’s children in a will

On Behalf of | May 29, 2020 | Wills

As parents in Virginia are raising their children, often times they are focused on the daily needs and activities of their children. They are also working in order to ensure they are able to meet their children’s needs. Most likely they are not thinking about what may happen if they were no longer here to care for them, but unfortunately that is a possibility. No one can control the future and many unexpected things can happen.

So, it is important for parents to consider who they may want to care for their children if they pass away before the children are adults. There are many factors that go into the decision such where people may live and whether their children would have to relocate. The people’s ability to care for their children given their circumstances and whether it would be too much of a burden. The people’s age and many other factors.

In addition to determining who a couple may want to be guardians of their children, people also need to execute the documents to state their wishes. People can accomplish this through a will and the people who would care for their children are known as testamentary guardians. The guardian would only assume custody of the child if both parents have passed away though. It cannot be simply that the parents are divorced and one parent wants someone else to care for their children. In addition to appointing the guardian for the care of their children, people can also have a guardian for the estate of the children until they are adults.

It certainly something that parents in Virginia would never expect, but an untimely death is a possibility. It is important that people ensure that their children are properly cared for if this type of tragedy occurs. This can be accomplished by appointing testamentary guardians of their children in their will. Hopefully it is never used, but it is important to have it in place. Experienced attorneys understand how to draft these documents and may be able to guide one through the process.