Selecting a guardian for your loved one is one of most crucial aspects of estate planning for any parent. Leaving this up to the courts can add unnecessary stress and expenses to one of the most troubling times in your child’s life. In legal terms, this person is referred to as a guardian. It can be very difficult for you and the other parent to decide upon a guardian between friends and family members.

A number of different factors should be evaluated in your discussion with a Massachusetts estate planning lawyer to decide what is most appropriate for your situation. These include:

• What are the moral or religious beliefs that this guardian has that might align with your family?
• Where do they live and would they be easily available to take over parenting and guardianship responsibilities?
• How familiar are you with their existing parenting skills?
• What is their own family situation and will any changes in this impact their ability to serve as a guardian for your children?
• Have you communicated with them directly about their willingness to serve in the role of guardian for your minor children?

Be aware that in addition to choosing a primary guardian you should think about selecting a backup person to serve in this role in case your initial choice is then unwilling or unable to serve. It is best to always consider an adult who has an existing relationship with your children where possible.

Leverage the support of an experienced Massachusetts estate planning lawyer to learn more about how this can be used to accomplish your goals in your estate plan.


Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal advice specific to your situation, please consult with a qualified attorney.

Tiffany A. O'Connell, JD, LLM, CELA, AEP

About Tiffany A. O'Connell, JD, LLM, CELA, AEP

Tiffany A. O'Connell, JD, LLM, CELA, AEP is the CEO and Founding Partner of O'Connell Law, an estate planning and elder law firm serving clients across Massachusetts, New Hampshire, and Vermont. She is one of a select group of attorneys in Massachusetts certified by the National Elder Law Foundation as a Certified Elder Law Attorney (CELA). Tiffany focuses her practice on estate planning, trust and probate administration, Medicaid planning, long-term care planning, Alzheimer's planning, charitable planning, and retirement and wealth strategies. She has been helping families plan for their futures since opening her practice in 2010.

Credentials: JD, LLM, CELA (Certified Elder Law Attorney — National Elder Law Foundation), AEP (Accredited Estate Planner)

Licensed in: Massachusetts

Areas of Practice: Estate Planning, Elder Law, Medicaid Planning, Probate & Trust Administration, Alzheimer's Planning, Asset Protection

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