Kids Guardianship Kit - Edwards Group LLC

Kids Guardianship Kit

Your kit contains the following forms and information:

1. Types of Guardianship 2. How to Choose a Permanent Guardian for Your child 3. Child Raising Priorities Checklist 4. Tips and Frequent Questions 5. How to fill out the Nomination of Guardian form 6. Nomination of Guardian of Children (fill-in form) 7. Nomination of Guardian of Children (example) 8. "Naming Guardians for your Kids: 11 Easy to Understand

Facts Every Parent Should Know"

Please contact our office if you have any questions about this kit or how to use it to name permanent guardians for your children. Thank you!

David Otis Edwards, Attorney and Dad Edwards Group LLC 4340 Acer Grove, Suite B Springfield, Illinois 62711 (217) 726-9200

Name a Guardian for your Kids: Permanent Guardian Kit by Edwards Group LLC

TYPES OF GUARDIANSHIP To protect your children, there are several types of guardianship to keep in mind. The initial one is the permanent guardian which is covered by the form you will be filling out as part of this kit. However, that is only one of the 4 types of guardianship issues your family could face.

1. Permanent Guardianship. This is the guardian who will raise your children if you pass away or are permanently disabled. They would be the legal authority over the children until the child turns age 18. After that, they would hopefully still have influence, just as a parent would, but their legal authority ends at age 18. This is the type of guardian you will be naming using the form included with this Kit.

2. Emergency Guardianship. What if your child was with a babysitter and you and your spouse didn't show up when expected? Maybe you have had a car accident or other tragedy. What would happen to your kids in the next few hours and days? Without a plan and legal documentation, it is entirely possible that your children may end up in foster care, placed there by police officers who are protecting them until a more permanent guardian is located.

3. Temporary Guardianship. Have you ever left your children with their grandparents or some friends while you were gone for the weekend or longer, maybe on vacation or for business? What if something happened while you were gone? Would the temporary guardian have legal authority to get medical treatment and make decisions for your child? A temporary guardianship form would grant that legal authority. Next time you leave your children and go out of town, make sure those caring for them have the right legal documentation.

4. Ongoing Guardianship. If you have a child with a disability or other special needs, you may need to consider who will be the guardian even beyond age 18. Your special child may need continued assistance. As you name a permanent guardian, think about whether the person you name would also be willing and able to continue with that guardianship beyond age 18. In order to continue beyond age 18, the guardian would need to petition the court to be named as an ongoing guardian for a disabled adult.

?Copyright 2010 Edwards Group LLC, David O. Edwards, Attorney and Counselor at Law 4340 Acer Grove, Suite B, Springfield, IL 62711 (217) 726-9200

Name a Guardian for your Kids: Permanent Guardian Kit by Edwards Group LLC

HOW TO CHOOSE A PERMANENT GUARDIAN FOR YOUR CHILD

The permanent guardian of your child will be the person (or couple) who will raise them to age 18. Hopefully their influence will continue beyond age 18 (just like a parent's influence continues), but legally they will have responsibility only until your child turns 18. Here are some tips to help you make the difficult choice of who will be the best guardian for your kids.

1. Brainstorm options. Get started with putting some names down on paper. Don't try to evaluate who would be best. Just list everyone you would allow to raise your child. a. Ask yourself: Who would be better than having your kids in the foster care system? b. You may first think of the child's aunts and uncles, but don't limit yourself there. Consider others - cousins, friends, grandparents, neighbors, business partners. Brainstorm and list on a piece of paper anyone who might be a potential guardian. c. Don't eliminate people based on financial resources. That's your job to plan ahead to make sure there is enough money to raise your kids (through your will or estate plan, sufficient life insurance or savings, etc.) You will provide the resources for the guardian. d. Put down at least 3-4 options. Don't rank them in any order, just make a list. e. Now, set your brainstorm list aside.

2. Now, think about who you DON'T want. Who might step forward that you would never want raising your kids? Make a list of those people too. Anyone you absolutely would never want.

3. Next, think about your priorities. Put your other lists aside for now. Ask yourself: what values are most important to you? Be completely honest. What is top priority for YOU? Don't worry about what others may expect to be your priority. Make a list. (See the checklist "Child Raising Priorities Checklist" for help.). Pick your top 5 most important values and then rank them.

4. Compare your lists. Now take your brainstorming list of guardian options and compare it to the 5 top child raising priorities you have identified. Eliminate any who don't have your top 1 or 2 priorities. Do any on the list have all 5?

5. Rank your options. Who are your top choices to name as guardian? a. Pick top guardian choices and several back up options. b. For each person you picked, did you include their spouse as a co-guardian? c. If you do include the spouse, will you only include them if they are married to the same person when guardianship is needed? For instance, if you name your brother and sisterin-law, would you be comfortable having your sister-in-law be the guardian if she was divorced from your brother or your brother had passed away? d. For each guardian you name, you should list, after the name, how they will serve: i. serving alone ii. serving jointly or the survivor (if co-guardians) iii. so long as they are married and living together (if co-guardians)

?Copyright 2010 Edwards Group LLC, David O. Edwards, Attorney and Counselor at Law 4340 Acer Grove, Suite B, Springfield, IL 62711 (217) 726-9200

Name a Guardian for your Kids: Permanent Guardian Kit by Edwards Group LLC

CHILD RAISING PRIORITIES CHECKLIST

What is important to you in raising your child? If you were no longer around, what values are top priority for your child's new guardian?

Make a list of those priorities. And be totally honest with yourself. Don't list the things that others would expect you to list. But list the things that are truly top priority to YOU.

Need some examples to jog your memory? Check out this list. Which of these are important to you? Which are not? Which ones would be the most important? Are there things not on the list that are very important to you in raising your children?

? Experience as parents ? Existing relationship with your

children ? Age of existing children in the home ? Geography (where kids would live) ? Having faith in God or a certain

religious preference ? Sufficient free time to raise kids ? Maturity level ? Patience ? Age ? Wisdom in giving advice ? Appropriately involved in kids' lives

(not a control freak) ? Parenting philosophy ? Education level ? Physical health

? Moral and social values ? Cleanliness ? Honesty and integrity ? Community involvement, citizenship ? Modeling good friendships ? Do they value hard work and

professional competence ? Marital status ? How materialistic they are ? Generous, willing to give of their

money and material resources ? Unselfish with their time and willing

to help and serve others ? Political party or affiliation ? Spending and saving habits ? Musical ability or opportunities ? Encouragement of athletics

?Copyright 2010 Edwards Group LLC, David O. Edwards, Attorney and Counselor at Law 4340 Acer Grove, Suite B, Springfield, IL 62711 (217) 726-9200

Name a Guardian for your Kids: Permanent Guardian Kit by Edwards Group LLC

TIPS AND FREQUENT QUESTIONS

1. What if you and your spouse can't agree on who to name as guardians? Ideally, spouses would agree, but don't let this stop you from naming guardians. Each parent can do a separate guardianship form. And you can do it even if your spouse chooses not to do it right now. Get some help to find common ground with your spouse. In some cases, working with an attorney experienced in estate planning for parents and children can help resolve the conflict between the parents. In many cases, parents come to a resolution after looking at other estate planning issues. For instance, if one side of the family will be guardians, then perhaps the other side of the family can help manage the money as a trustee.

2. If my child's other parent and I are not together, how does that impact guardianship? The fact is, the child's other parent will usually have first opportunity to be the child's guardian if you are gone. However, if you have concerns about that other parent's ability to do that, then list the other parent on your "Don't" list and explain why. At least your concerns will be raised to the judge who will make the final decision. Bottom line, name who you want to have as guardian, even if it's not the other parent. Then, the person you chose will hopefully fight for your child against the other parent if necessary to protect the child.

3. Should the guardian be the same person as the trustee who handles the kids' money after I'm gone? There are two schools of thought here. Neither is right or wrong. On one hand, the guardian is handling day-to-day issues and, if they also manage the money, then they can easily access it when needed. Other families think it is good to have a balance of power and having someone manage the money who is not also handling the day to day matters. If a guardian is also a trustee, there could be two risks. First, do they spend more than they should? Second, do they spend less than they should (instead, they spend their own money to raise your child instead of using the funds you provided for that purpose).

4. What happens if I name someone who is unable to be guardian when the time comes? If you name an older parent or older relative, they may be in ill health or too old to be a good guardian for the child. If so, they can decline at that time. The judge will make the final decision whether to approve the person you have named. In most cases, the judge will accept your choice. However, the judge does not have to accept your choice if there are good reasons. So, if you name someone who is no longer fit to serve when the time comes (because of lifestyle, health reasons, family crisis or whatever), then the judge can go to your alternate choices.

5. What if my named guardian chooses not to serve? Will they be forced to? No, they can decline the appointment as guardian. In order to be named guardian, they will have to petition the court. If they choose not to do it, they just won't take that step in court. Instead, someone else, such as your 2nd option, can petition the court and ask to be named as guardian.

?Copyright 2010 Edwards Group LLC, David O. Edwards, Attorney and Counselor at Law 4340 Acer Grove, Suite B, Springfield, IL 62711 (217) 726-9200

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