Should I ask someone before naming them guardian?

Question

My spouse and I have agreed on the person we would like to name as guardian, but we have not asked them yet because it feels like an uncomfortable conversation. Is it important to ask someone before naming them, even though the nomination does not legally force them to accept? What practical issues should we discuss with them before putting the choice in our wills?

Soradin · Accepted Answer

A private conversation helps confirm willingness and allows discussion of expectations, finances, and practical concerns. For the issue described here, parents can nominate a guardian in a will, but a court makes the final decision based on the child's best interests. For the issue described here, the plan should also address who will manage money for the child because guardianship and financial control are separate roles. It is especially useful to involve a qualified professional if the situation involves relatives, real estate, tax issues, or business ownership.

Should I ask someone before naming them guardian?

Soradin

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