10 Guardian Mistakes That Could Put Your Kids at Risk (And How to Do It Right)

Imagine something unexpected happens, and you're suddenly unable to care for your children. It's a parent's worst nightmare.  In this situation, you'd want to know that your kids will be loved, cared for, and raised according to your values. But have you taken the proper legal steps to ensure that happens?

Many parents mistakenly believe that simply naming guardians in their will is enough to protect their children. Unfortunately, this isn't always the case.  There are common mistakes that can lead to legal battles, family conflicts, and even put your kids' well-being at risk. Avoiding guardian mistakes can save your family's future harmony.  What if something happened to you tomorrow? Would your children end up in the care of strangers, even temporarily, because you didn't have a plan for their immediate care?

Don't let that happen. By working with a Personal Family Lawyer® firm, you can avoid these pitfalls and create a rock-solid guardianship plan that provides true peace of mind – knowing that, no matter what, your children will always be raised by the people you love most. Avoiding guardian mistakes will protect your children.

The 10 Common Mistakes Parents Make When Choosing Guardians

1) Thinking a Will is Enough 

A will is essential, but it only kicks in *after* you're gone. It doesn't cover situations like sudden illness or incapacity. You need separate guardianship documents specifically designed to address these "what if" scenarios *while you're still living*.

2) Planning Only for the Long-Term

If something were to happen to you today, who would take care of your kids *right now*?  Don't just plan for the long haul – you also need to designate short-term guardians to prevent your children from being placed with strangers, even temporarily, while the authorities sort things out. Avoiding common guardian mistakes can keep your children safe.

3) Not Naming a Guardian at All  

This might seem unthinkable, but it happens. If you don't formally name a guardian, you're leaving one of the most important decisions of your life up to the courts. This could mean your children end up with someone you wouldn't have chosen.

4) Overlooking Backup Guardians

Life is unpredictable. Your first-choice guardians may not always be available or able to step in. Always name multiple backup guardians to ensure a safety net if your primary choice cannot serve.

5) Choosing Guardians Based on Financial Ability Alone

Money matters, but it shouldn't be the *only* factor when choosing who will raise your children. Your children's well-being depends on being raised in a loving, supportive environment aligned with your values. Consider factors like location, lifestyle, parenting philosophies, and the overall compatibility of your chosen guardians with your family. 

And remember, you can always choose a separate financial guardian or appoint a trustee of a trust to manage any money you leave behind for your children – this can be a separate role from their daily care.

6) Assuming Godparents are Legal Guardians  

Many people use the terms "godparent" and "legal guardian" interchangeably, but they aren't the same.  Verbal agreements or informal designations hold no legal weight. To legally bind your wishes, you need formal guardianship documents prepared by an experienced professional.

7) Not Thinking Beyond Guardianship 

Guardianship isn't just about who will raise your kids – it's also about who will make important financial and healthcare decisions on their behalf. You'll need powers of attorney and other legal tools to handle these matters according to your wishes.

8) Failing to Communicate Your Wishes

Don't leave anything to chance. Clearly document your values, parenting preferences, and instructions you want your guardians to follow. This guidance will provide invaluable support as they navigate the challenges of raising your children.

9) Not Reviewing and Updating Your Plan

Life is constantly evolving. Your family dynamics change, your children grow, and laws are updated. Reviewing and updating your guardianship plan regularly is vital to ensure it still reflects your current circumstances and wishes. This prevents guardian mistakes from jeopardizing your plan.

10) Naming a Couple Without a Contingency Plan 

Relationships evolve. Sadly, even the most solid couples can face unexpected challenges like divorce or separation.  It's vital to consider what would happen to your children if your chosen guardians split up.  Would one person become the sole guardian? Would they share custody? Outlining these details now can prevent future conflict and heartache.

There's a Better Way: Create a Kids Protection Plan

A Kids Protection Plan® provides comprehensive protection for your children, so you never make one of the common guardian mistakes and put your children at risk of being raised by someone you'd never want to raise them (or worse, ending up in the foster care system). Unlike a traditional estate plan that simply names guardians, a Kids Protection Plan creates a complete safety net that addresses both immediate and long-term care needs.

With a Kids Protection Plan, you're not just naming someone to take your place - you're providing them with the guidance and legal authority they need to raise your children exactly as you would want. Book a FREE Discovery Call today.