By Harry J. Lenaburg, Esq.
As young parents we were often so busy just taking care of
business, working, raising our children, buying a house, that we neglected some
very important personal matters. You
know, we would purchase life insurance to protect our families if something
happened to us, but neglect that very important issue of who would care for our
minor children in the event of the death or incapacity of both parents.
This is a serious discussion for a couple to have,
determining who they trust to care for both the physical needs (Guardian) and
financial needs (Conservator) of their children. If you do not nominate the person or persons
whom you wish the court to appoint as Guardian or Conservator, then it is
possible that the family member whom you would least prefer to care for your
children is the person appointed.
Other obvious considerations include the ability of your
chosen Guardian to actually care for the child or children. By this I mean do they have housing adequate
to the task? Are they willing to take on
the responsibility? Will they allow
other members of the family to get to know your children after you are gone? Many people are in the circumstance where the
person or couple who can best care for the child or children may not be very
good at handling finances. There is
certainly no problem with appointing different people to be Guardian and
Conservator.
Another tip is to designate not only the first choice as
Guardian and the first choice as Conservator, but to also have an alternate
designated for each, in the event that your primary choices become unable to
act in the capacity nominated. We all
want to do what’s best for our children, especially when they are very
young. A will designating your choices
for Guardian and Conservator is an important tool in that task.
The Law Firm of Jessica M.
Cotter, P.L.L.C.
18301 North 79th
Avenue, Suite F-168
Glendale, Arizona 85308
602-843-3004
Jmcotterlaw.com
Jessica.Cotter@azbar.org
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