When confronted with the idea of our mortality, many individuals tend to shy away from the topic. The thought of planning for one’s own death is understandably uncomfortable, yet it is an incredibly significant aspect of responsible parenting—especially for those with young children. Questions abound: What will happen to your children in your absence? Who will assume the role of caregiver? What values and principles do you hope they will carry with them as they grow?

Consider the heart-wrenching case of a woman who passed away unexpectedly, leaving behind a tender six-month-old baby boy. Her sister, filled with love and hope, felt an overwhelming desire to adopt this orphaned child, envisioning a life where she could nurture him as her own while choosing to keep the painful truth of his mother's death from him. However, complications arose when the child's brother intervened, contesting the adoption with the intent of raising the baby himself. This familial conflict has sparked intense drama, leaving the brother questioning whether his actions are genuinely in the best interests of the child.

In light of this situation, Bored Panda sought insights from Cody Barbo, the Founder and CEO of Trust & Will, an estate planning platform. He emphasizes the undeniable importance of preemptive planning, particularly for parents of young children who face unforeseen circumstances.

“No one wants to imagine the worst, but planning for it is one of the most loving and protective things a parent can do,” Barbo explained during an interview. He strongly advocates for naming a legal guardian in your will, ensuring that your child is raised by someone you trust, who shares your values, and who will provide stability in their lives. Without such documentation, he warns, the decision regarding guardianship is left to the courts, which often leads to family disputes and turmoil.

Appointing a guardian is not merely a formality; it is a critical step that involves selecting a trusted family member or close friend who is willing to shoulder the monumental responsibility of parenting. A well-structured will typically includes not only the designation of a primary guardian but also a backup option to ensure that there is a clear plan in place.

Barbo elaborates that parents can create a legally binding will online through Trust & Will in as little as 15 minutes, eliminating the need for complicated legal jargon and high attorney fees. Such accessibility can empower more parents to take this essential step.

It’s crucial to recognize that if both parents were to die without appointing a guardian, the children might be placed into protective custody until a suitable guardian is appointed by the court. The priority in these cases typically follows a general order—first considering immediate family members like a surviving spouse, then extending to grandparents, and subsequently to aunts, uncles, and siblings. However, the court’s decision is not solely determined by familial relationships; they prioritize the child’s welfare and the fitness of the potential guardians.

In making these determinations, the court considers several factors, including the child’s age, emotional attachments, and the stability of potential guardians’ homes. There often exists a welfare checklist to help assess the child’s needs comprehensively. It is important to note that these decisions are not taken lightly, as they carry immense implications for the child’s future.

As indicated by The Legacy Lawyers, the court will closely examine the potential guardian’s relationship with the child and strive to maintain as much consistency in the child’s life as possible. The court aims to minimize disruption to the child’s routine, ideally allowing them to continue their education and maintain relationships with extended family members.

Moreover, the court assesses the guardian’s capacity to meet the child’s physical and emotional needs, which encompasses long-term support for essentials like food, shelter, clothing, medical care, education, and emotional guidance until reaching adulthood.

Safety concerns are paramount; hence, the court investigates the potential guardian's physical and mental well-being, reviewing any criminal records or history of substance abuse. Depending on the child’s age, they may also be given an opportunity to express their preferences regarding their guardian, provided that the judge deems such a choice sensible.

When drafting your will, it is essential to discuss your wishes with the person you are considering as a guardian. It is a significant responsibility, and they have every right to decline the role if they feel unable to undertake it.

“If multiple individuals petition for guardianship or if a named guardian faces a challenge, the court will ultimately decide based on what is believed to be in the child’s best interest,” Barbo notes, emphasizing the unpredictable nature of court decisions.

In addition to naming a guardian for minors, Barbo advises parents to consider who will manage any inheritance for their children and how they wish assets to be distributed. He also suggests evaluating whether a trust might serve the family’s needs better than a will alone.

“The best time to create a will is typically following significant life events such as the birth of a child, purchasing a home, or getting married,” Barbo added. “However, the most prudent time to consider these plans is always before you think you need them.”