Woodstock, GA Elder Law Attorney Offers Advice on How to Choose a Guardian for Your Child

One of the most important jobs of an Elder Law Attorney is to help parents choose the right guardian for their children.  This is the person (or people) designated by you to care for your minor children if you should die before they become adults.  Working with an elder law attorney to choose a guardian gives you a say in the process, rather than turning it over to the courts who may or may not make the same decisions you would.

Having the proper legal documentation in place means your wishes will be carried out for the care of your minor children.  There are some important considerations to be made when choosing a guardian.

One of the first things parents tend to consider is financial ability.  This makes sense.  After all, you want to ensure your children are raised comfortably and you are not putting undue burden on the guardian you choose.  This fact alone is enough to encourage parents to contact an Elder Law Attorney in the first place.

But, there are other considerations to keep in mind, many of which are arguably even more important than financial means.  For example, parents should choose a guardian whose values are consistent with their own. Does your family strongly value education or do you have devout religious beliefs?  Choosing a guardian who shares these values should probably be a high priority.

Of course, you do need to consider the guardian’s ability to support your children.  This is precisely why you need to work with an Elder Law Attorney.  Not only will he or she help you put together the legal documentation required to name a guardian, but this professional will also help you create the financial means for your child(ren)’s care.

An attorney may assist you in creating any number of trusts which can be used for your child’s upbringing. Money from these trusts can be used for basic care, as well as earmarked for future education.  While you won’t be there physically, you can still help guide your children’s future.  And, you will have much more influence when you choose a guardian who will raise your children with similar morals and values to your own.

Other things to consider when choosing a guardian for your child:

  • Do they have a similar parenting style to your own?
  • Is your child already comfortable with this person?
  • Are they willing to take on the responsibility?
  • Will they be emotionally able to care for your children after your death?

After putting considerable thought into your choice, work with a trusted Elder Law Attorney to make your decision legal and binding.

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