How and Why to Appoint “Backup Parents” in Your Will
Naming “backup parents,” or legal guardians, for your children is a critical part of estate planning. While it’s difficult to imagine a scenario where both you and your spouse are unable to care for your children, it’s essential to plan for the unexpected. Without naming guardians in your Will, the decision about who will raise your children could be left in the hands of a judge—someone who may not know your family, friends, or values.
What Are Backup Parents?
Backup parents are individuals you trust to raise your children in line with your values, beliefs, and parenting style if something happens to you and your spouse. While the likelihood of this happening is low, naming guardians in your Will avoids uncertainty and potential family conflicts during an already stressful time.
If you don’t name a guardian, a judge will determine who should care for your children. Anyone can petition to be considered, and the judge will select the person they believe is most appropriate. By proactively naming backup parents in your Will, you ensure that your wishes are respected, and the judge will usually approve your choice as long as the person is willing and able to take on the role.
Key Considerations When Choosing Backup Parents
When deciding who will raise your children, take the following factors into account:
Parenting Style, Values, and Religious Beliefs: Choose someone who aligns with your approach to raising your children, as they will be responsible for their upbringing.
Location: Consider the impact of your chosen guardian’s location. If they live far away, your children may have to adjust to a new school, neighborhood, and group of friends.
Age and Energy Level: While grandparents might have the time and love for your children, they may not have the energy to care for young, active children. On the other hand, younger guardians, such as adult siblings, may be focused on their careers or education.
Emotional Stability and Readiness: Reflect on how prepared the potential guardian is to take on this responsibility. Someone who is single may not be ready to care for children, and someone already managing a large family may find it challenging to add more children to their home.
Do Backup Parents Have to Be Relatives?
No, you’re not required to choose a relative as a guardian. The most important factor is selecting someone who is capable and willing to raise your children. Make sure to ask your top choice if they are comfortable with this role, and always name an alternate in case your first choice is unable or unwilling to serve when the time comes.
Why It’s Important to Name Backup Parents Now
While it can be uncomfortable to think about a future without you or your spouse, naming guardians is about planning for your children’s future, no matter how unlikely the scenario. The odds are in your favor that at least one parent will be there to raise your children, but having a plan in place provides peace of mind and security.
Additionally, appointing backup parents is a flexible decision. As your children grow, and circumstances change, you can update your Will and name new guardians as needed. This ensures that your plan remains current and fits your family’s evolving needs.
If you’re in Arizona, Texas, or Utah and need guidance on appointing guardians or creating a Will, we offer free initial consultations to walk you through the process. Together, we can make sure your family is fully protected and prepared for the future.