Wills are written to ensure that people’s wishes are followed after their death. Legally binding documents give instructions on how the estate or property in the will should be treated after your death. Wills are very important, especially for those with children or dependents. When writing a will for someone with children, there is always a guardian clause that seeks to have someone represent the children while they are minors.
The clause helps to name or denote the individual choice of the person or persons who will care for minor children after death. Those who do not have minor children do not have to include the clause. The choice of the guardian of the children is very important. For those who are married, the spouse is generally appointed as guardian, unless otherwise noted. It is recommended that those who are married select their spouses as the first option, and then be able to choose another guardian as the second option. This is especially useful in case both parents die at the same time.
Having the guardian clause gives the writer the opportunity to choose someone they trust to take care of their children. Without this clause, the court may appoint the appropriate person, which may not necessarily be in the best interest of the children. Many children have been exploited by the very guardians who were supposed to take care of them. However, it is recommended that the choice of guardian be a guide to the court, but not completely binding. By doing this, the court can choose a new guardian for the children if the person named in the will does not work in the best interest of the children. In most cases, the court will always approve the guardianship application under the clause.
The guardian clause grants rights to the person chosen as guardian, to manage or care for any property left by the deceased. The guardian is supposed to handle the property for and on behalf of the minors. The appointed guardian must be indicated in the document, with his full name. This is done to avoid future problems in case there are two people with similar names. It is also important to designate an alternate, by its full name. It is also necessary to identify the relationship of the guardian. It is important to add titles such as mother, father, wife, husband or godmother and godfather. However, it should be noted that the guardian does not have to be a family member.
No one is eligible to be appointed guardian. The guardian must be an adult of sound mind. A parent who has parental responsibility for the children can obtain legal guardianship. This is so even if the father is not the natural father. The guardian clause becomes effective after the death of the parents. From then on, the legal guardian makes all decisions regarding children’s education, medical care, and other day-to-day matters, including parental supervision.
Today, people choose to use online will templates, which they can complete themselves or with the help of an attorney. The online service has helped inform people of the details needed to write a will. They are convenient and include all the information necessary to ensure that the will is legal. Failure to appoint guardians for children can lead to a situation where children are in foster care. When there is no designated guardian, a relative or family member may come forward and volunteer to act as the one with legal guardianship. The guardian clause has the option of revocation, where previously appointed guardians can be changed or revoked.