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How to give guardianship of a child once you are dead

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By Rosa Hayes - Florence
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Many people do not plan on leaving their children but what would you do in the event of your death. This will show you what you should know about giving guardianship to another person once you are gone.

Difficulty: Moderately Easy
Instructions

Things You'll Need:

  • a will
  • an attorney(if you plan to use one)
  • a special person to give guardianship
  1. Step 1

    Before deciding who you will be giving guardianship too, you should consider all factors and multiple people. Decide who would best qualify, if they are financially stable, what are the pros and cons of these people. Once you decide who this special person should be, talk to them about it and see if they would be willing to be the guardian of your child or children if you died.

  2. Step 2

    If you don't already have a will in place, you should hire an attorney or get documents that you can modify yourself to fit your needs. An attorney would be better because they can keep and maintain the information for you without the worry of loss or theft. An attorney can also help you sort through all the legal information on guardianships.

  3. Step 3

    If you are worried about the welfare of your children and you have assets, you can assign these to someone else or you can assign them to the guardian so that you can be certain your children will be taken care of. If you plan on leaving your children the beneficiaries of the money and would like it to be set up so that they can obtain it once they reach a certain age, make sure to note this in the will.

  4. Step 4

    A judge will make the final decision on all accounts regarding the children and he will need to know why this person is the best person suited to take care of the children. State all reasons as to why you have chosen this person to be the guardian of your children. If there is a parent who is living, the judge will consider them first before anyone else. There are certain reasons that the judge would not consider this person and if you feel that this person should be exempt from this process, you would need to state why.

  5. Step 5

    If you have chosen to do the will by yourself, you would need to have a witness and have it notarized stating that the information is true to the best of your knowledge. If you chose to do this through an attorney, the attorney will usually have this taken care of for you.

Tips & Warnings
  • Always think of what would be best for your children.
  • Consider all of the possibilities and take time to make the right choice.
  • Just because you have stated that you want a certain person to be the guardian, does not mean that this person will be chosen by the judge.
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