One of the biggest obstacles to estate planning for couples with young children can be agreeing on who to nominate as guardian of minor children. A guardian is, for all intents and purposes, the person (or people) who will become the pseudo-parents of a child. A will is the proper and legally-binding document to nominate such a guardian. Choosing guardians can feel difficult because it is hard to imagine anyone raising our children, or loving them, quite like we do. Nobody seems good enough. However, neglecting to specify preferences could result in chaos and uncertainty in an emergency and none of us want that for our children. If a guardian is not specified, any number of people who have an interest in your children may choose to petition the court to be appointed guardians and provide the court with their arguments as to why they are the best fit. One of the most responsible things we can do for the people we love is to minimize the chaos and nominating a guardian who, let’s face it, will never be quite as good as you, is just one way to do that for your family.
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