Why Do I Need To Establish Legal Guardianship?

Have you given much thought to the welfare of your children should you pass away? Are you taking care of elderly or long term disabled individuals? What will happen to them? Who will look after them? Many people don’t give this enough thought and fail to plan, but you can turn that around. Legal guardianship arrangements are legally binding and by ensuring you have planned for your children’s or dependents lives after your death. This is especially important for children, by doing this properly you can safeguard them from becoming a part of the government adoption/foster care system, a place you really don’t want them to end up.

In the state of New Jersey, the court allows for a parent of a minor to designate or propose legal guardianship of minors in the event of their death (death of both parents) as long as the court approves.

What does legal guardianship mean?

If someone has legal guardianship of your children when you die, it means they will be responsible for their well-being and financial interests. Plainly put, they will become your child’s parents in many respects of the term and have the authority to make decisions which will affect the minor’s life (which will hopefully be in their best interests).

The best way to safeguard your children from becoming part of the government system is to ensure you establish legally binding guardianship for all dependents. Hand in hand with this is having estate planning and a will set in place as early in your life as is possible. This will ensure your property and children will be properly taken care of in the event of anything untoward happening to you.

By having a legal guardianship established, and a last will and testament in place, you can avoid having a court appointed executor or administrator tending to your estate (and your children) as they see fit.

How does an Elder Lawyer Help Setup a Legal Guardianship?

At a minimum, a good elder lawyer will help you draw up the legal documents that establish an ironclad plan for the care of your minor children or other dependents when you die. A really good elder lawyer will help you work through your personal concerns as a trusted adviser and expert so that you are sure all options for care have been considered when designating a legal guardian. This is probably even more important than the legal paperwork, and is something we pride ourselves on, no matter how long it takes to figure out.

Frank Campisano and the team at SCC Legal have established legal guardianships for concerned families and individuals in every possible situation. Don’t leave this all important situation to the winds of chance.  Call us today.

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