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Estate planning involves determining how your assets will be divided but also includes the important task of naming a guardian for your minor children and dependents. Guardianship ensures that someone will take care of your children or dependents if something were to happen to you. In general, a guardian has legal custody of your child until they turn 18. A guardian can also manage any funds left to the child for his or her care. It is important to think about guardianship when planning your estate, so that your children and dependents will be taken care of by someone you choose.

While each state has different specific provisions for how a guardian is decided and noted in a will, many of the terms and principles are the same for all states. In general, there are two types of guardians. The first type is often referred to as the Conservator or Guardian of the Person. This guardian is the individual who will be entitled to custody of the child or dependent. The guardian of the person is a person that will make provisions for the child’s care, education, recreation, comfort, maintenance and other needs as necessary. This guardian is the person who will ensure that your child has all his or her needs met. The second type of guardian is often called the Custodian or Guardian of the Estate. This person is chosen to take care of the estate and any property left to the child or dependent. The guardian will take care of the property and can use it take care of the child until he or she turns 18. If the dependent is mentally ill, the guardian of the estate would use and administer the property in a legal way that is most compatible with the dependent’s best interest. The guardian of the person and the guardian of estate can be the same person, but they do not have to be. For example, if you think your brother would be a great guardian of the person for your son, but he is not good with money, you could find another person to be guardian of the estate. The guardian can be whomever you choose and whomever you see fit.

When deciding who should be a guardian, it is important to remember that you can name multiple guardians if you have more than one child or dependents. For example, if you think your son would benefit and do well living with your brother and your daughter would be better living with your sister, you can prescribe that wish in your will. Choosing a guardian for a child is important and you want to consider things such as the relationship of the child to the guardian. Moreover, it is important to choose a backup guardian, just in case the chosen person is unavailable.

Guardianship procedures vary by state, but naming a guardian in your will is one way to ensure that a judge or court knows your wishes. For example in North Carolina, naming a guardian in your will serves as recommendation for the court. If there is no surviving parent for a minor, the judge takes recommendations in the will into the consideration. While the judge is not bound by the recommendations, he or she will make decision based upon the best interest of the child. Naming the guardian ensures that your wishes are considered and in many cases used to protect your children or dependents.

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