Why Guardianship Is the Cornerstone of Thoughtful Estate Planning
When most people think of estate planning, it can be a little overwhelming. Feeling like you don’t know where to start can cause delay. However, we always say think about the process one piece at a time – if you have minor children, you need to set up guardianship.
What Is Guardianship?
Guardianship is the legal designation of a person who will care for your children or dependents if you’re no longer able to do so. This includes making decisions about education, healthcare, housing, and daily life. In Virginia, guardianship can be established through your will or a separate legal document, and it must comply with local court procedures to be enforceable.
Why It Matters
Without a legally named guardian, the court decides who will care for your children—and that decision may not reflect your wishes. Family members can fight and that can cause family conflict, distress to the children, and a waste of resources. Here’s why proactive guardianship planning is essential:
Avoids Family Conflict: Clear instructions prevent disputes among relatives during an already difficult time.
Protects Vulnerable Dependents: Children and adults with disabilities need continuity and care from someone who understands their needs.
Supports Financial Security: Guardianship often works hand-in-hand with trusts, especially when managing assets for minors or dependents who cannot legally own property.
How to Choose a Guardian
This is one of the most personal decisions you’ll make. Consider:
Shared values and parenting style
Geographic location and stability
Willingness and ability to serve long-term
Age and health of the potential guardian
We often advise clients to name a primary and alternate guardian, and to revisit these choices every few years or after major life changes.
Planning for Travel and Emergencies
If you're heading out of town—especially without your children—make sure your estate plan includes temporary guardianship documents. These allow someone you trust to make decisions in your absence and can be tailored to specific dates or situations.
Guardianship isn’t just a checkbox in your estate plan—it’s a declaration of trust, love, and responsibility. Whether you're a new parent or caring for a dependent adult, naming a guardian ensures that your wishes are honored and your loved ones are protected.
If you’d like help reviewing or updating your guardianship provisions, our team at Wakefield Law is here to guide you through every step. Give us a call to learn more! 703.771.9740