Estate Planning Services in Virginia, Maryland, and Washington, D.C.

Guardianship of Minor Children

Choosing the Right Guardian

Selecting a guardian for your minor children is one of the most important and personal decisions you’ll make as a parent. In the unfortunate event that you and your spouse are unable to care for your children, due to illness, accident, or death, having a well-thought-out plan ensures they’ll be raised by someone you trust to uphold your values and provide the love and stability they need.

When choosing a guardian, it’s essential to consider individuals who are emotionally and financially prepared to take on the responsibility. I help clients evaluate potential guardians by examining key factors, including:

• Emotional stability – Will this person be able to provide support and guidance during a difficult transition?

• Shared values – Do they align with your beliefs about education, faith, and parenting?

• Lifestyle and location – Are they willing and able to relocate if needed? Can they offer a stable environment?

• Financial preparedness – Do they have the means or need financial support to care for your children?

Permanent Guardianship

A permanent guardian is the individual who will step in and assume full parental responsibilities if you become incapacitated or pass away. Naming a permanent guardian in your will can help prevent family disputes and ensure your children are raised according to your wishes. I assist clients in legally documenting their choice of guardian and outlining preferences for education, healthcare, and overall upbringing.

Standby Guardianship

In addition to permanent guardianship, it’s wise to appoint a standby guardian. This person can temporarily take over care of your children in the event of short-term incapacity, such as a medical emergency, travel, or illness, until the permanent guardian can step in. A standby guardian is often someone already close to your children and able to provide immediate support when needed.

Financial Planning: Testamentary Trusts

Providing financial security for your children is just as important as naming a guardian. A Testamentary Trust, created through your will, ensures that any inheritance your children receive is managed by a trusted individual until they are mature enough to handle it on their own.

A trust can be used to cover:

• Education – Tuition, school supplies, and extracurricular activities.

• Healthcare – Doctor visits, therapy, medication, or special needs care.

• Basic living expenses – Housing, food, and clothing.

You can appoint a trustee (who may or may not be the same person as the guardian) to manage these funds per your instructions, preserving your intentions and supporting your children’s long-term well-being.

Contingency Planning for Guardianship

Because life is unpredictable, I work with clients to include alternate guardians in their estate plan. If your first choice is unable to serve due to health issues, relocation, or personal circumstances, a backup guardian ensures there’s no gap in your child’s care. These contingency plans offer peace of mind and flexibility as family dynamics evolve.

Ongoing Review and Updates

As your children grow and your family’s needs change, your guardianship plan should evolve as well. A guardian who was ideal when your child was an infant might not be the best fit as they become a teenager. I recommend regular reviews of your estate plan to ensure it continues to reflect your wishes and current circumstances.

Additional Considerations

• Life Insurance – Ensures financial support is available to the guardian or trust.

• Special Needs Trusts – For children with disabilities, this ensures continued support without affecting government benefits.

• Letters of Instruction – Though not legally binding, these can offer guardians personal insights into your values, traditions, and preferences for raising your children.

• Minor’s Trusts – These protect a child’s inheritance from financial mismanagement or creditors until they are old enough to manage assets responsibly.

Medical Directives

Preparing for the possibility of incapacity is an essential part of a comprehensive estate plan. A Medical Directive, often referred to as a Living Will, allows you to clearly express your healthcare preferences should you become unable to speak for yourself due to illness or injury. This document gives you the ability to outline your wishes regarding medical treatments such as life-sustaining interventions, organ donation, and pain management.

Additionally, I help clients create HIPAA Authorization forms, which are vital for granting trusted individuals access to your protected health information. This authorization ensures that your designated healthcare agent can communicate with medical professionals, access necessary records, and make informed decisions on your behalf. Together, these documents provide peace of mind that your healthcare choices will be honored and managed according to your values and intentions.