Contact Us For A Consultation
302-644-7181 Lewes
302-697-4900 Camden

How to choose a guardian for minor children when estate planning

Parents or those caring for minor dependents have many difficult decisions to make that will affect their children's future. Among these are clarifying who should care for minor children should something happen to the parents. It is important that parents carefully consider this decision, as well as understand the Delaware law standards related to estate planning and guardianship.

When evaluating potential guardians, estate planning parents should ask some serious questions of themselves and their potential guardians. First, they should be clear that the prospective guardian is willing and able to care for the children. Parenting style, values and finances are all worth considering before finalizing this decision. It is also a good idea to make sure that the guardian's children, if they have any, will not have problems should new children enter the home.

It is also important for parents to name a backup guardian. Should a chosen guardian be unable or unwilling to take the children, a backup guardian will ensure they are still with someone the parents trust. Additionally, an estate plan should list the names of anyone who a parent does not want raising their children, as Delaware courts could otherwise send the children to a relative who the parents do not approve of raising the children.

Along with naming guardians, its a good idea for estate planning parents to prepare a letter explaining why the appointee is a good choice to care for the children. This will help if the issue reaches a Delaware court, which is obligated to do what it rules is in the best interest of the children. Understanding estate planning and family law is critical to this process, so contacting a lawyer with experience in estate planning early on is a good idea.

Source: Delaware Business Times, "Choosing Your Child's Guardian", Joe Giordano, Feb. 9, 2018

No Comments

Leave a comment
Comment Information

What Our Clients Say About Us…

My wife and I would like to take this opportunity to highly recommend the legal practice of Bonnie Benson and her very professional staff… Bonnie and her staff are organized, engaged in the client's case and they communicate effectively.

Read More
Latest Blogs
Get The Help Now

Need Answers Now? Contact Us Immediately

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

your success. our commitment. elder counsel excellence in elder law  and special needs state bar delaware association

Camden Office
306 East Camden Wyoming Avenue
Camden, DE 19934

Phone: 302-697-4900
Fax: 302-697-4901
Camden Law Office Map

Lewes Office
33718 B Wescoats Road
Lewes, DE 19958

Phone: 302-644-7181
Fax: 302-644-7182
Lewes Law Office Map

We Accept visa mastercard discover network
Review Us