4 Common mistakes New York parents make when naming a guardian

One of the most emotionally challenging situations that any parent faces is choosing a guardian who will raise their minor children in the event that they are unable to do so themselves. Not only is the thought of no longer being around daunting, but there is a lot to consider when choosing someone who is personally and financially suitable for taking on such an important task.

Below is a list of common mistakes parents make when naming a guardian for their minor children. Fortunately, they can also be avoided easily.

Mistake No. 1: Only considering family members

Parents are naturally inclined to restrict their choice of guardian to immediate family members. They feel that it would add more stability to the child’s life at such a difficult time, and the courts tend to agree: when parents die without a will, judges prefer to place any minor children with relatives first.

While this is the ideal arrangement, it shouldn’t the default one. Parents should appoint a guardian who shares their parenting values, and, in some instances, it might mean naming a longtime family friend instead of a blood relative.

Mistake No. 2: Naming a guardian without advising them first

This really does happen: people name a guardian in their will and never let those people know first. They either forget or simply take it for granted that the person won’t mind. This is unfair to both the future guardian and the children, so appointments should never be made before everyone involved is informed (both the appointee and the children if they are older).

Mistake No. 3: Naming one guardian only

Parents should always name a backup guardian in case their first choice is no longer available for whatever reason at the time a crisis occurs. This alternative guardian can step in if needed, bypassing the necessity to subjecting the children to a court process.

Mistake No. 4: Naming a couple as guardians because of one person

This is another frequent mistake. A parent appoints another couple as guardians because he or she was—and still is—best friends with the husband or wife, although they’re lukewarm about the other spouse. They fail to consider that this spouse could end up raising their children if his or her partner dies. If that prospect is concerning, another guardian should be considered.

Choosing the right guardian for one’s children may easily be one of the most important decisions a parent ever makes. It requires careful consideration about future possibilities, the consent of the appointed parties, and a determination to give the children the best possible upbringing should the future make it impossible to oversee it personally.

If you are looking to name a guardian for your child, then contact Eskin & Eskin, P.C. We are a family law firm for family law matters and we have more than 40 years of combined experience. Our attorneys offer free consultations and can be reached at 718-402-5204 or www.EskinandEskinLaw.com.