Most people choose a person to be their child’s legal guardian in the unlikely event that both parents pass away or are otherwise unable to care for their child. This is often done soon after a child is born, and it’s codified in their will. In fact, the birth of a child is often what leads people to create a will.
A lot can change between that time and the time a child becomes a legal adult. It’s not uncommon for parents to determine that the designated legal guardian is not the right person for this responsibility.
Often this happens if a grandparent who was chosen becomes ill or disabled. However, it can happen for multiple reasons. A sibling or close friend who’s the designated guardian might move abroad or marry someone who doesn’t want to share that potential responsibility. A designated guardian may have a drastic change in lifestyle or values and beliefs that make them a very different person than when they were selected.
Sometimes, a designated legal guardian will determine for themselves that they no longer want to be counted on in case the unthinkable happens. They may have multiple children of their own. They may have a falling out with a parent. Maybe the child has developed physical or psychological issues that they don’t feel they can deal with.
Updating the estate plan
Finding a new designated legal guardian can be a difficult endeavor unless a contingent guardian was already named. However, once that’s done, updating the estate plan doesn’t have to be complicated. Typically, it involves adding a codicil to the will removing the previously named person and adding the new name. If the guardian is also named as the trustee for the child’s money, that will likely need to be changed as well.
Sometimes, parents want to make the change without notifying the previously named guardian. They want to avoid an argument or hurt feelings. While that’s possible, it’s certainly not advisable. It can cause conflict if the designated guardian ever has to take over. Even if that never happens, the person who’s been removed may find out from someone else – maybe even the new designated guardian.
If you’re considering or need to change your child’s designated legal guardian, a good first step is to talk with an experienced legal professional. This can help ensure that everything is handled correctly in accordance with the law.