A Guide to Choosing a Guardian as a Single Mom by Choice
How To Choose A Guardian As A Single Mom by Choice
Navigating the journey of single motherhood often involves facing tough decisions, one of which is choosing a guardian as a single mom by choice. A guardian, in legal terms, is someone appointed to look after your child if you’re unable to do so due to incapacitation or death. This decision is crucial because it ensures that your child is cared for by someone who shares your values and has their best interests at heart.
In a recent interview with Kathleen Hunt from Unique Law, we explored the importance of estate planning for single moms by choice, particularly focusing on the aspect of choosing a guardian. Kathleen, who ventured into this field inspired by her own experience as a single mom, offers valuable insights on this topic.
Why It’s Important to Have a Guardian
Without a guardian, decisions about your child’s care and custody might fall to the court system, potentially leading to outcomes that you wouldn’t have chosen. Kathleen notes that if you’re temporarily incapacitated, or in the worst-case scenario, no longer around, having a guardian ensures continuity and stability in your child’s life.
Guidelines for Choosing a Guardian
- Align with Your Values: Select someone who shares your values and parenting philosophy. Financial capability should not be the primary criterion, as you can allocate resources for your child’s care through your estate.
- Consider Your Child’s Age: For younger children, the guardian’s location may be less critical, but for teenagers, stability and maintaining social connections are crucial. As your child grows, reassess your decision to ensure it still fits.
- Regular Reviews: Kathleen recommends revisiting your estate plan every three to five years or whenever significant life changes occur. This review includes assessing whether the chosen guardian is still the best fit.
- Guardian Over Finances: You can appoint a separate individual or a professional to handle the financial aspect, allowing the guardian to focus on the emotional and physical well-being of your child.
- Guardianship in Temporary Incapacity: Plan for scenarios where you might be temporarily unable to care for your child, like in the event of a serious illness. This ensures your child’s immediate needs are met without court intervention.
- Foster Care as a Last Resort: While there are exceptional foster parents, the system can be challenging. Choosing a personal guardian helps avoid this path.
- Public vs. Private Process: A will, while making your wishes known, still goes through a public probate process. A trust, however, keeps matters private and allows more control over how your child is cared for and how your assets are managed.
Additional Considerations
- Professional Assistance: Consulting with an attorney specializing in estate planning is invaluable. They can guide you through the nuances of setting up a will or trust.
- Open Discussions: Have conversations with potential guardians to ensure they’re willing and able to take on the responsibility.
- Backup Guardians: Always have a secondary choice in case your primary guardian can’t serve in their role.
In conclusion, choosing a guardian as a single mom by choice is an act of love and foresight. It’s about ensuring that your child is raised in an environment that you trust and believe in, even when you’re not there. As Kathleen aptly put it, it’s about being in charge of the narrative of your child’s future, in whatever circumstance.