One of the most important things you should consider if you do not have an estate plan in place is the importance of creating a will to appoint a guardian for your minor children. It’s critical to understand that, while you can appoint someone to assume this role, ultimately the court will make the decision based on the best interests of your child following your passing. Naming a guardian can help provide strong guidance for the court. The following blog explores what you should know about these circumstances, including the importance of working with St. Louis guardianship lawyers to help you navigate this process so you can have peace of mind for the future.

Can I Use My Will to Appoint a Guardian for My Children?

It’s imperative to understand that a will is the primary way to appoint someone as the guardian of your children. This is because the court ultimately decides on the guardian of the child. However, naming someone in your will helps the court understand your wishes.

You should note that there are some legal requirements in place to choose a guardian, such as naming someone who is 18 years old and of sound mind. It’s also important to note that you may want to have a conversation with the person you plan to name as your guardian to ensure they understand your wishes and beliefs.

How Guardian Appointment Works

  • You may formally nominate someone to assume guardianship of your minor children
  • The court reviews your nomination, but ultimately makes the final decision
  • Judges will prioritize the best interests of the child over all other factors
  • Your nomination will carry more significance if they are suitable
  • Failure to name a guardian means that the court is entirely responsible for this decision

How Missouri Law Handles Guardian Appointments

While naming a guardian for your minor children is a critical step in the estate planning process, as mentioned, doing so does not mean your nomination is guaranteed to be appointed by the court. This is because courts in Missouri, when making decisions regarding the custody of children, must ensure the outcome reflects the best interests of the child. This process is part of estate planning in Missouri and is generally referred to as naming a testamentary guardian in a will.

 

Missouri courts will carefully adhere to the statutory guidelines outlined in Chapter 475 of the Missouri Revised Statutes, which governs guardianship proceedings, ultimately requiring the court to appoint a guardian based on the best interests of the child. This applies to families in St. Louis County, St. Charles County, Jefferson County, and other jurisdictions across Missouri.

Missouri Legal Standards

  • The proposed guardian must be at least 18 years old and mentally competent
  • The proposed guardian must be capable of providing a safe and stable home for the child
  • The judge will consider the bond between the child and the proposed guardian
  • The court can consider the caregiving ability of the named guardian
  • Allegations of abuse, neglect, violence, or criminal history can disqualify a proposed guardian

What Should I Consider When Choosing Someone?

Appointing a guardian is not a decision that should be made lightly, as this person is ultimately responsible for caring for and making decisions on behalf of your child in the event something should happen to you. As such, there are a number of important considerations you should make.

The most important thing to consider is how much you trust the person whom you are appointing. As you may know, raising a child is not an easy task, and it requires a significant amount of responsibility. While you may know that someone could financially provide for your child, if they are unable to meet their basic needs, like providing a safe and stable home environment for them, this may not be an ideal option.

Next, you’ll need to take the person’s obligations into consideration. While you may trust your sister to look after your children, if she is the president of a large company, she may not have the time to adequately provide for your child while traveling frequently for work. As such, you should choose someone who you know would be able to dedicate the necessary time to rearing a child.

Finally, it’s critical to ensure you name someone as an alternative. This can help ease your mind should something happen to your first choice for the guardian of your children, or they are unable to assume this responsibility at the time of your passing.

Factors to Consider When Choosing a Guardian

  • The level of trust and personal alignment with your morals, values, and parenting style
  • The ability to provide a safe and stable home environment for your child
  • Geographic location and whether or not moving would significantly disrupt your child’s life
  • The availability of the individual to care for your child long-term
  • Willingness to accept the role and a strong understanding of what this entails
  • The physical and mental health of the individual
  • Financial stability
  • The individual’s existing family structure and responsibilities
  • Compatibility with your child’s existing lifestyle
  • An alternate guardian in case your first choice is unable or unwilling to assume the role

What Happens if You Don’t Name a Guardian in Your Will?

In the event you do not name a guardian for your minor child, the court will assume responsibility for choosing an individual. This means you will have no say in who cares for your child, and the individual may be someone who does not reflect your wishes.

Contact an Experienced St. Louis Estate Planning Attorney

As you can see, there are a number of important considerations that must be made when choosing someone to care for your minor children. At the Stobie Family Law Group, we understand how important this decision is, which is why we will do everything in our power to help you make the best choice. Contact us today to learn more.