Why Terminally Ill Parents May Consider A Joint Guardianship

As part of any estate plan, choosing a guardian for your minor child or children is essential. At this stage for many parents, of course they assume that they are not going to die anytime soon, and hopefully their children will reach the age of maturity before that happens. However, some parents may be faced with a terminal illness, which would necessitate expediting the process of choosing a guardian.

Obviously, terminally ill parents want to provide care for their children's futures, but they may not be ready to relinquish custody entirely. Fortunately, The Joint Guardianship Law allows for a parent to choose a joint guardian who will participate in the care of any child as needed and then assume full responsibility after the parent passes away.

This can be looked at as shared custody without the custodial parent losing control of the care and welfare of the child. However, if a non-custodial parent objects to the appointment of a joint guardian, the court will need to find that the non-custodial parent's custody would be detrimental to the well being of the child in order for the appointment to be made.

For more information on guardianships contact a professional Estate Planning Attorney.

*This blog entry was not written by an Attorney and should not be constituted as professional legal advice.