It is a common and dangerous occurrence for individuals to give little thought to who will serve in key roles in their estate plan.   Guardians, Trustees, Executors, Financial Agents and Health Care Agents perform very different (with some overlap) and need a wide variety of skill sets.  Often clients, when first asked, name one person for all these roles.  Sometimes this is appropriate.   For example, clients naturally choose their spouse as their first choice for all these positions.  Since there is probably no one who knows you better that may be ideal.  Even so, serious thought should be given to a suitable alternate.  Obviously, there are many clients who do not have the option of naming a spouse.  Examples include the widowed, divorced and never married.  However, those with and without a spouse should give careful consideration to these roles.  This begins with thinking about the main tasks and demands associated with these roles.  Each week I will highlight one of these roles, clarifying what is required and important considerations in selecting the best person. 

This week I will focus on the Guardian.  The Guardian I am speaking of is the one who will take care of any children who may still be minors at your death (as opposed to the Guardian appointed by the Probate Court who manages your affairs if you are incapacitated).   If you do not have children or your children are adults you do not need to select a guardian.  (However, this may be something you may want to discuss with your children if you have grandchildren.)  If you do have minor children keep in mind that the child's natural or adopted parent will be the Guardian as a matter of law if you die (barring a court ordered termination of parental rights).  Even if there is an automatic Guardian who could care for your child you should carefully select and name in your Will a successor Guardian, or two or three.  This is a vitally important role and takes into account some of the most subjective, emotional and personal values of any of the key players mentioned.  If you died, this person would be responsible for helping your child through the trauma losing a parent.  This person would be responsible for instilling in your child financial, cultural and religious values in your stead.  This would be the person your child would turn to in joy and sorrow and triumph and defeat for the rest of their lives.   As already mentioned you must consider the values of your Guardian.  However, you must also consider other attributes of your Guardian.  How is the Guardian's health? Is the Guardian too old to raise children?  Is the Guardian's marriage on the rocks?  Is the Guardian's spouse not fond of children?  Does the Guardian have other responsibilities that would make it difficult to take care of your child such as aging parents or children of their own to care for?  These considerations may lead you to pass up a person who assumes they are the Guardian of choice.  If your parents are no longer physically up to the challenge or your sister is too financially unstable do not choose them if you have a better alternative.  If you do pass up the grandparents or the aunt be sure to discuss it with them as soon as you put your Guardian selection in place.  This is not an easy conversation to have but, it is necessary to protect your child.  Yes, you will upset your mom, but the alternative is a very nasty surprise for her as she is grieving your loss and family strife and instability for your child when the child most needs everyone to rally to his or her aid.  People often handle disappointment better than surprise.  If you talk to her now you will have the opportunity to explain your decision and lessen the likelihood of her taking it personally.  Obviously, I have devoted a lot of space to this issue because I consider it to be the most difficult and painful to remedy postmortem and because I personally believe the Guardian selection has deeper and longer-lasting effects.  I hope this information will enable you to make the best choice possible for your Guardian. 

Tune in next week when I discuss Trustee, Financial Power of Attorney and Executor selection.