Friday, April 7, 2023

4 Things To Consider When Nominating a Guardian of Minor Children

4 Things To Consider When Nominating a Guardian of Minor Children

By Melinda Gustafson Gervasi

April 10, 2023

Easter -- it's the season of hope, new life, and flourishment.  Here in Madison, Wisconsin the snow has melted away, daffodils push up from the soil, and my backyard is filled with the songs of birds.  Nesting -- the act of preparing for the young is feverishly underway in Wisconsin.  And quite possibly in your home as you prepare to welcome a tiny little human into your life.

Along with the baby showers, crib assembly, and name selection comes a less than loved task -- thinking of who to name as a guardian for your child if the unthinkable were to happen.  As a parent I know this task is dreaded.  As a lawyer I know this decision is critically important.  You, and only you, are best suited to determine who should step into your shoes if your child were left without parents.  The following are 4 things to consider when selecting a guardian for your child:

  1. Religion -- who shares your beliefs, customs and practices related to religion, spirituality, or agnostic beliefs; 
  2. Education -- who views the role of education in a child's life most closely to yours (private vs. public school; homeschooling; music education; etc);
  3. Finances -- who manages their household finances in a similar fashion to yours (debt free living; allowances for chores; amount spent on holidays and birthdays); and
  4. Daily life -- who has a similar rhythm to their daily life (are you an every Saturday at the Farmer's Market person or one who never misses a home football game, etc.).
Dreaded tasks remain dreaded until they are completed.  Consider the four factors above, make a decision, and then make it legal by creating a will.  Be done with it, put it in the past, and move on to more joyful experiences, like coloring Easter Eggs with your tiny little humans. Prepare your nest, and then enjoy the adventure. 

Black-billed Magpie, Custer State Park, South Dakota.  Image by M. Gustafson Gervasi March 2023


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