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My spouse and I cannot agree on who to appoint as guardians for our minor children. It is holding up the execution of our estate documents. What should we do?

The use of wills and trusts can be traced back to ancient Greece and Rome. The law surrounding the transfer and protection of assets, including guardianship of children, is well established. If you do not document your wishes in this regard, the courts will decide for you. Here are some tips if you cannot decide on a guardian for your minor children:  

  • It can become a heated discussion, which may lead to an emotional decision. Do not let this decision be a gut reaction.
  • Make separate lists of the qualities and attributes you are looking for in a guardian and share your lists with each other. Have a discussion about your lists and arrive at a final agreed list.
  • Come up with a list of people you think would meet the requirements that you set. Remember, potential guardians do not have to be family members.
  • Focus on the short-term needs of the children and who the best person is to satisfy those needs. Squabbling over the college choice for a two-year-old is not a good use of time. You can make changes as time goes on.
  • Settle on a group of people, rather than one or two individuals. Begin having conversations with this group of people, which could help narrow the choices.

Speak to us if this is an issue. We can help mediate this important decision. Feel free to pass along this information to family or friends who may be interested.

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