Who would care for your children if something were to happen to you before they are adults? If you were to pass away or become permanently incapacitated while your child is still underage, a court would need to appoint someone as legal guardian and conservator.
Guardians and conservators are related but different roles—a guardian is legally responsible for someone’s physical care while a conservator is legally responsible for their finances—and they can be the same or different people. Just as for an incapacitated adult, a guardian and conservator for a child must be formally appointed by a court to have the necessary legal authority to act in each role. If you have specific preferences for who that person (or persons) should be, you can nominate them prior to your death or incapacity.
Nominations of Guardians and Conservators for Minor Children are included in our comprehensive estate planning packages. Contact us if you would like to create or update your estate plan with such wishes in mind.