Child Guardianship Clause in Your Legal Will Forms

Generally, the wills are intended for a single person with or without children and for a married person with or without children. By way of using pre-assembled will forms, you can easily type in what you would like to fill out as they are already formed with pre-defined layout and necessary fields. These pre-assembled will forms are intended to be used as simplified worksheets for you to prepare your own personal will without having to do further research on what to specify on the form. You need to fill in the forms by hand then re-type according to the instructions.

Child guardianship clause will only be present in this type of pre-assembled wills that relate to children. With this clause you can designate your choice as to whom you wish to take care for any of your minor children after your death. You may delete this clause in case none of your children are minors,

It is an important matter who you will choose to be the guardian of your children in your will. Generally, your spouse will be appointed by the probate or family court, regardless of your designation in a will, If you are married. But even though you are married, it is always a good idea to choose your spouse as first choice and then provide a second choice. This will cover the contingency case where both you and your spouse die together in a single accident.

Obviously your choice should be a trusted person who you feel would provide the best care for your children in your absence. However, you need to be aware that the court is only guided, not bound, by this particular choice in your will contrary to most people’s belief. The decision from the court in appointing a child’s guardian is bases upon what would be the best interests to the remaining child. But in most cases, a parent’s choice as to who should be their child’s guardian is almost universally followed by the courts. Additionally, you will grant the guardian of broad power to take care for and manage your children’s property. You will also provide that the appointed guardian not be required to post a bond in order to be appointed.

Make sure to identify clearly the guardian and alternate guardian by full name at any cases. You can fill out the space provided for an identification of the relationship of the guardian by simply putting a descriptive phrase like “my wife”, “my brother-in-law”, or “my best friend”. It does not necessarily mean that the guardian should always be related to yourself personally.

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