Name a Guardian for Minor Children

By: Laurie Valentine-COO & Trust Counsel 

Children under age 18 are “minors” under Kentucky law. As such, they cannot make decisions for themselves or manage assets. The law requires a guardian be named by a court to handle those things until a child reaches age 18, if there is not a natural or adoptive parent surviving.

Accomplishing God’s plan for how you should provide for your family includes deciding who should be named to take on the important role of “guardian” for your children if both parents died before all children reach age 18. The guardian will decide, among other things, where your children live, go to church, and go to school. And, if you have not set up a trust for each child’s share of your estate in your will, the guardian will be the one managing each child’s share of your estate until they reach 18.

Once parents have made a decision, they should discuss it with the person or couple they want to name as guardian to make sure the person or couple is willing and able to take on the responsibility. Parents should share why they want to name the person/couple and also provide guidance as to how they would want their children raised.

And, once the decision has been made and your choice has agreed, each parent should put it “in writing” by including a provision in their will naming the person(s) so your family and the court will know who you want appointed as guardian if such a circumstance occurs.

For more information, please call us at (502) 489-3533 or toll free in KY at 1(866) 489-3533.

The information in this article is provided as general information and is not intended as legal or tax advice. For advice and assistance in specific cases, you should seek the advice of an attorney or other professional adviser.