Declaration of Guardian for Children

If one parent survives the other, the surviving parent is the natural guardian of his or her minor children. However, if both of the child’s natural parents die, individuals who have children who are under the age of legal majority need to ensure that their estate plan includes a Declaration of Guardian for minor children. Each parent must decide who should be asked to assume the responsibilities of raising the minor child, both as to the guardian of the child’s person and of the child’s estate, taking into consideration the age of the proposed guardian (and any of the guardian’s children), the age and number of minor children which the individual has and the health and financial situation of all the parties being considered as potential guardians.