Few things in life are as important as ensuring your family is safe and protected. Thus, it is necessary to create a will and appoint legal guardians for your children.
Choosing the best guardians for your children can be a challenging task. You want to be sure your children have everything they need to be successful, while also making sure you are not putting any unwanted burden on the guardian you choose.
What Is a Legal Guardian?
During your lifetime, it is your legal responsibility to care for your children as their guardians. If your child has two parents, they will typically be the legal guardians. If one of the parents dies, the surviving parent will become the child’s sole guardian.
However, if there are no surviving guardians and the parent who passed away had a living will that was legally binding, the legal guardian of the child or children will be appointed in the will.
Is It Necessary for a Legal Guardian to Be a Relative?
No, it is not required for your child’s legal guardian to be a relative or member of your family. That means your child will not have to move to a new location or change schools. You can also choose a close friend to appoint as a guardian if you feel they would be a better choice. Sometimes, it would be a better choice to choose a friend, especially if they live in the same area.
How Do I Appoint Someone for Guardianship of My Child in Canada?
In Canada, appointing a guardian parent is only temporary. After 90 days after your death, the individual you appointed as guardian for your children must apply to the court to become their permanent guardian. However, the appointment of temporary guardianship can be extended as long as the application is brought before the court.
Afterwards, the court will appoint the permanent legal guardian with a decision based on the child’s best interests. The court will heavily rely on the wishes you expressed in your living will when deciding who will be the court-appointed guardian. It will help them understand what you feel would be in the child’s best interest.
What Can Happen if I Die Before Making a Living Will?
Several unfortunate issues could occur if you die before creating a living will. If you have not appointed a guardian for your children, the court will not have any knowledge of your wishes regarding who you would choose to be their legal guardian. If that is the case, more than one person may apply to the court to be named as guardian, simply because they feel they would be the best option for your child. That could lead to conflict within your family and cause additional stress for your children at an already difficult time.
Is It Possible to Choose More than One Legal Guardian?
As a parent, you can appoint more than one individual to be the legal guardian of your children. It is common when appointing a couple, such as grandparents or siblings and their spouses, as the legal guardians for your children.
However, it would be best if you kept in mind that naming a sibling and their spouse or future partner as your child’s guardian could come with some risks. You never know when their circumstances may change. They may decide to get a divorce, or the sibling could pass away before their spouse or partner.
In that case, the guardianship would be appointed to your brother or sister-in-law. To avoid this issue, most people will only appoint their sibling as a legal guardian instead of adding their spouse or partner.
6 Things You Should Consider before Appointing a Legal Guardian for Your Child
Appointing a guardian for your children is an important step all parents should take, yet so many do not know how to get started with the process. That is why we have put together this helpful list of things to consider when choosing a guardian for your child.
- What Is the Age of the Guardian You Are Considering?
The age of the guardian you have in mind is an especially important factor to consider. If you have young children, you may not want to choose a very old guardian to ensure they will be alive and healthy long enough to carry out the responsibilities of being your children’s guardian. At the same time, you may not want to choose someone too young, such as a younger sibling, to take on such a huge responsibility.
- Would Your Child Need to Relocate?
If the potential guardian you have in mind lives in another province or outside of Canada, this is another factor you will need to consider. You may have the ideal person in mind to care for your children in the event of your death, but if they live in another area far away from your other family members or everything your children have grown used to, it can be a challenge. You may want to consider someone who lives around the same area where you currently live to help make the transition much more manageable.
- Is This Person Mentally, Emotionally, and Financially Stable Enough to Care for a Child?
Not everyone is cut out to be a parent, and there is nothing wrong with that. Some people may not be in an excellent emotional state of mind to provide the care your children need. Therefore, you should take all of these things, including their mental health and financial stability, into consideration when choosing a legal guardian for your dependents.
- Is This Person Committed to Raising Your Child the Way You Would Intend?
How important is your child’s education to you? How committed are you to raising your child with the same religious views as your own? If the legal guardians you choose do not share these same views, what effect will that have on your child’s life as they become an adult? These are all crucial factors to consider and can help you make the best possible decision for your child’s future.
- Does This Person Have Their Own Children?
Your best friends or older siblings may be the perfect contenders for your children’s future guardians, but do they have their own children to raise? How does this factor into your plans to have them be your children’s legal guardians? Do you think it would be too much of a financial burden for them, or would they be taking on too many additional responsibilities by becoming the guardians of your children?
- Would This Person Cooperate with the Named Executors of Your Estate?
While it is essential to have all of this information clearly stated in your living will, it is also a good idea to choose legal guardians who will get along well with your estate executors. Your child’s legal guardian must cooperate reasonably with the individuals you name as executors of your estate. If they do not, your children could end up not getting all of the inheritance they rightfully deserve, or there could be issues with them getting their fair share.
The Importance of Choosing a Legal Guardian
In closing, appointing a legal guardian for your minor child or children can ensure the court understands who you, their parent, believe would be the best individual or family for the job.
It is a very overwhelming decision, and there is a lot of pressure on you as a parent to choose a suitable guardian who will love and protect your children as you would. This person will ultimately become your child’s care provider and be responsible for making life-altering decisions that will impact their lives well into adulthood.
The most important thing is that you take action and not put off this critical task too long. Even if you are in perfect health, you never know when the unthinkable may happen. Do the right thing for your children and your peace of mind by appointing a guardian in your living will as soon as possible.
Get Answers To Your Questions about Living Wills, Life Insurance, and More
At Hometown Life Insurance, we want to help you make all the best decisions for yourself and your family by offering the best recommendations for life insurance for parents.
If you have questions about how to appoint a guardian for your children, or any other concerns regarding making a will, death benefits, or your life insurance policy, be sure to give us a call for assistance. We look forward to being your choice for all your life insurance needs and helping you every step of the way.
