Why You Need a Will
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Guardianship allows a person appointed by a court to manage the affairs and assert the rights of another person who is unable to do these things. The person appointed is the guardian. There are two common ways in which a guardian is appointed:

• For a person who is incapacitated. The person might be in a coma from an injury or they might be suffering from dementia.



• For minor children. If both natural parents die or become incapacitated and they have minor children, a guardian will be appointed by a court for the children.

When one parent dies or is unable to act and there are minor children, the surviving natural parent is the guardian of the children. This is true even if you have children from a prior relationship and you have custody of those children. If you die leaving children from a previous relationship, unless that parent's custodial rights have been terminated by a court, that parent will probably be appointed the guardian of the children.

However, it is still important for you to indicate by will who you would want to act as your children's guardian. It is best if you and the children's other parent can agree on this decision.

Nominate a Guardian
If you have minor children, you should nominate a guardian for them in your will. You cannot assume that the other parent of the children will be surviving or otherwise available at your death. If neither natural parent of minor children survives or is available, the courts will appoint a guardian. Although the courts are not required to appoint the person you nominate in your will as guardian, they place great weight on the parent's selection.

Whom to choose as a guardian
In naming a guardian for your children, there are several important points to keep in mind:

• The guardian should be a person who is well equipped to rear children and provide a stable and nurturing home life for your children. You must remember that this person will be the guardian only after both of your children's parents have died-will the person you select be able to provide the emotional support your children will need?



• The named guardian will have a sudden increase in family size. Will he or she be able to cope with the burden of additional children? It might be wise to provide assets through your will or life insurance to bear the expense of raising your children.



• You should try to select someone close to your age rather than someone of your parents' generation. While your parents may be excellent grandparents, they are probably too old to manage another set of children—especially through the teenage years.



• Check with the person you want to name as guardian to make sure they want the job. If the person you name refuses to be the guardian—or agrees to be the guardian but resents the job—you will want to choose someone else.



• You should think twice about naming a husband and wife as co-guardians. You do not want to place your children at risk of being fought over in a divorce custody battle. It is usually better to nominate the person you would want your children to reside with, i.e., your sister or brother, not that person's spouse.