Imagine this: something unimaginable happens—an accident, a sudden illness—and you’re no longer able to be there for your kids. As a parent, it’s a terrifying thought. You’d want to be absolutely sure that your children would be raised by people you trust, in a way that reflects your values. But have you actually taken the legal steps to make that happen?
A lot of parents assume that simply naming a guardian in their will is enough. Unfortunately, that’s not always the case. There are common oversights that can create chaos—family feuds, courtroom battles, and even situations where kids temporarily end up in foster care. What if something happened to you tomorrow? Would your children end up in the care of strangers, even temporarily, because you didn’t have a plan in place for their immediate care?
The good news? You can prevent all of that with the right plan in place. By working with a Personal Family Lawyer®, you can put together a clear, legally binding guardianship plan that gives you true peace of mind—knowing your children will always be with the people you’ve chosen, no matter what.
Even with the best intentions, it’s easy to overlook a few critical details when it comes to planning for your children’s future. Here are ten of the most common (and avoidable) mistakes parents make—and how you can steer clear of them.
The 10 Common Mistakes Parents Make When Choosing Guardians
1) Thinking a Will is Enough
A will is a great start—but it only comes into play after you’ve passed away. What if you’re just incapacitated or stuck in the hospital? You need a plan that covers emergencies while you’re still alive.
2) Planning Only for the Long-Term
If something happened today, who would care for your kids right now? Without short-term guardians named, authorities could place your children with strangers until a long-term guardian is appointed.
3) Not Naming a Guardian at All
It seems unthinkable, but it happens more than you’d imagine. If you haven’t legally named guardians, the courts will decide who steps in—and it might not be the person you would have chosen.
4) Overlooking Backup Guardians
Life is messy and unpredictable. Your first-choice guardian could be unavailable, unwilling, or even out of the country. Always name backups to make sure your plan holds up under pressure.
5) Choosing Guardians Based on Financial Ability Alone
Financial security is important—but it’s not everything. What matters most is love, values, stability, and the kind of environment your child would thrive in. Consider factors like location, lifestyle, parenting philosophies, and the overall compatibility of your chosen guardians with your family.
And remember, you can always choose a separate financial guardian, or appoint a Trustee of a Trust, to specifically manage any money you leave behind for your children – this can be a separate role from their daily care.
6) Assuming Godparents are Legal Guardians
Many people use the terms “godparent” and “legal guardian” interchangeably, but they aren’t the same. Verbal agreements or informal designations hold no legal weight. To make your wishes legally binding, you need formal guardianship documents prepared by an experienced professional.
7) Not Thinking Beyond Guardianship
Guardianship isn’t just about who will raise your kids – it’s also about who will make important financial and healthcare decisions on their behalf. You’ll need powers of attorney and other legal tools to ensure these matters are handled according to your wishes.
8) Failing to Communicate Your Wishes
You’ve got a vision for how you want your kids raised—values, education, routines, even religion. If you don’t share those wishes, your guardians are left to guess. Don’t leave anything to chance. Clearly document your values, your parenting preferences, and any specific instructions you want your guardians to follow. This guidance will provide invaluable support as they navigate the challenges of raising your children.
9) Not Reviewing and Updating Your Plan
Life changes. Maybe you’ve moved, your chosen guardian is no longer an option, or your kids’ needs have shifted. An outdated plan can be almost as risky as no plan at all. It’s vital to review and update your guardianship plan regularly to ensure it still reflects your current circumstances and wishes.
10) Naming a Couple Without a Contingency Plan
Relationships evolve. Sadly, even the most solid couples can face unexpected challenges like divorce or separation. What if the couple you named breaks up? Who gets the kids? Will they co-parent? It’s important to spell out exactly what should happen if your chosen guardians are no longer together.
There’s a Better Way: Create a Kids Protection Plan
A Kids Protection Plan® goes far beyond just naming a guardian. It’s a complete safety net that ensures your children are cared for immediately and long-term—by the people you choose and in the way you want.
Every Kids Protection Plan I create with clients includes legal documents that prevent your kids from landing in foster care or being temporarily placed with strangers. It provides detailed instructions for emergency responders and caregivers, identifies temporary guardians who can step in immediately, and includes medical powers of attorney so your children receive proper healthcare in your absence. Perhaps most importantly, it creates a roadmap of your values, hopes, and dreams for your children’s upbringing. With a Kids Protection Plan, you’re not just naming someone to take your place – you’re providing them with the guidance and legal authority they need to raise your children exactly as you would want.
Because at the end of the day, it’s not just about choosing someone to raise your kids—it’s about empowering them to do it the way you would.
Ready to Protect Your Kids?
Your children are your most precious asset. Don’t leave their future to chance or riddled with loopholes. With a Kids Protection Plan created by my Personal Family Lawyer® firm, you can rest assured knowing that your children will always be in the most capable and loving hands, no matter what life throws your way.
Ready to take control and build that plan? Schedule a free 15-minute call with me today. I’ll answer your questions, address your concerns, and help you take the first step toward securing your children’s future.
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This article is a service of SG Law PLC, a Personal Family Lawyer® Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Life & Legacy Planning Session™, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session™.
The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer® firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.