Estate Planning

Nominating a Guardian At the Last Minute.

By Jennifer Sawday

What does that mean? Nominating a guardian at the last minute?

Today, I visited a client at Harbor-UCLA Medical Center to execute a Will. She was concerned about having the right person nominated as guardian for her two teenage children. She wanted her older daughter to serve as guardian and keep the kids together. She was also terminally ill with cancer and was about to pass away. That's what I call making a nomination at the last minute. Instead of dealing with her health and quality of life at the last moments of her life, she was faced with making legal decisions involving her kids.

It is hard.

But it is something that parents worry about... what happens to my kids if something happens to me?

Let's put your wishes in writing and nominate a guardian either in your Will or in a separate writing. Let's set up a trust if you have a home, other assets or even a life insurance policy to protect your family and your minor children. Let's set up a companion pour-over Will. And then while we are at it, let's set up a durable power of attorney and advance health care directive.

Like I said, it is very hard.

But at the simplest, to nominate a guardian for a minor child, type up a letter that says the following:

Nomination of Guardian

If a guardian of the Person (or Estate or Person and Estate) is required for any minor child of mine, I nominate ______________ to serve as guardian.

If the above nominated guardian is unwilling to serve or continue as guardian of the Person (or Estate or Person and Estate) of my minor child, then I nominate the following individuals, to serve as guardians, ... and (and lay out your wishes and name as many alternates as you feel comfortable and indicate your priorities).

Sign and Date This Statement.

On the date written above, we, the undersigned, each being present at the time, witnessed the signing of this instrument by _________. At that time, ______________appeared to us to be of sound mind and memory and, to the best of our knowledge, was not acting under fraud, duress, menace, or undue influence. Understanding this instrument, which consists of __ page(s) including the pages on which the signature of ______________and our signatures appear, to be a nomination of guardian by _________________, we subscribe our names as witnesses thereto.

We declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on __________________ _______, 20___ in ___________________, California.

Witnesses Signatures, Name and Information.

This is what the nomination might look like in California if it is prepared as a separate document and not part of a Will. Please talk with an estate planning attorney to get specific advice for making nominations of guardians for your children.

________
Estate Planning, Probate and Trusts involve complex areas of law. Individual circumstances must be considered before any advice can be given.  The general information above is not to be construed as legal advice, which can only be given after consideration of the unique facts of each matter. Please seek the advice or counsel of your attorney, financial advisor or CPA as it may be appropriate.

Full post as published by Estate Planning Practice Blog on December 09, 2008 (boomark / email).