Should You Tell People That You Do Not Want Them as Guardians?, Elder Law Attorney, Woodstock, GA

Most people fret over who to appoint as the guardians of their minor children in the event that the parents pass away. One of the problems that people worry about is the impact it will have on those who might have been expecting to become the guardians, but who are not chosen.

The most important part of the wills for parents of minor children sets out who should be appointed as guardians of those children. It is often an agonizing decision.

Parents do not want to contemplate not being around to rear their own children.

They also do not want to choose between relatives to raise the children. It can feel like those relatives who are not chosen are being rejected and insulted. Parents do not want to leave those relatives with lingering hurt feelings.

The Washington Post, in a recent article titled Carolyn Hax: Should couple explain to kin their will’s directive on guardianship?,” has a discussion over whether relatives who are not chosen as the potential guardian should be told that and the reasoning why.

It is an interesting discussion.

On the one hand, not telling them could lead to family feuds and hurt feelings when and if they later find out. On the other hand, telling them could lead to hurt feelings and feuds now. This is a situation where there is not necessarily a right answer that is generally applicable.

What to do depends on the individuals involved.

The article does make one very important point, however. Anyone who is chosen to be a guardian of minor children should be told beforehand.

Before making an estate plan that nominates someone for guardianship of minor children, it is important to make sure that the potential guardian is willing to do the job. An experience estate planning attorney can assist you every step of the way.

Reference: The Washington Post (October 29, 2014) Carolyn Hax: Should couple explain to kin their will’s directive on guardianship?

Hear From Our Clients

I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

- Charlotte

The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

- Kerri

Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

- Pierce

Josh Nelson, and his staff, have been amazingly helpful to our family. The ins and outs of nursing homes, the rules and regulations that govern Medicare and Medicaid are daunting and the folks at Nelson Elder Care Law have been informative, responsive, and above all, empathetic. I cannot emphasize enough how their service has taken a weight off of our shoulders especially during a world pandemic that has targeted nursing homes across our country. I highly recommend retaining Josh and his firm!

- Marcia

I had a simple legal question to them that I needed answered and they very helpful in giving me the information I needed. I highly recommend them and will reach out to them if I need more advice or assistance. Thank you for taking your time to just answer a couple of questions I had!

- Ben