Estate Planning For Parents: What If My Spouse And I Do Not Agree On Guardianship For Our Kids?
As a parent of young kids or teenagers who are developing an estate plan, it is crucial that you put a guardianship in place. Doing so will help to protect your children if the unthinkable happens. However, if you and your spouse cannot agree on the terms of the guardianship, things can get more complicated. Here, our Boston estate planning lawyer explains what spouses should do if they do not agree on guardianship for their children in Massachusetts.
Estate Planning: What is a Guardianship for a Minor Child
In Massachusetts, a guardianship for a minor child is a legal designation that identifies the person who will assume responsibility for a minor child if both parents die or become legally unable to care for the child. In other words, the guardian steps into the parental role if neither parent can fill it. Along with other things, the responsibility includes providing daily care, making educational decisions, consenting to medical treatment, and ensuring the child’s general welfare.
Note: Most parents in Massachusetts use their will to name a guardian for their minor child(ren).
Why Guardianship Disagreements Matter
It is best if both parents are on the same page regarding a guardianship in estate planning documents. Here is the key thing to remember: A guardianship designation directs who will raise your children if the court must step in. Without agreement or a clear nomination, a judge in the Massachusetts Probate and Family Court system will decide based on the child’s best interests. Not only can the process involve litigation, family conflict, delays, and uncertainty, it could result in a person not agreed upon by the parents assuming the responsibility.
Note: Inconsistent estate planning documents amongst parents is not ideal. In Massachusetts, courts value clarity of intent. Parents may nominate guardians in a will or separate guardianship designation. If spouses name different guardians, the court will weigh both nominations. That could set up a potential conflict that you do not want to put your child in the middle of during a hard time.
You Do Not Need Identical Priorities to Move Forward
Disagreements often stem from different fears, not different goals. One parent may focus on emotional continuity. Another may focus on financial stability or location. These concerns can coexist. A thoughtful plan can separate roles. For example, one person may serve as guardian whereas another person may serve as trustee. That type of structure protects the child while addressing both parents’ priorities. For parents who cannot agree, it is a solution that is worth considering and that could help to ensure that multiple trusted people would be legally responsible for the care of the child(ren) if something happened to both parents.
Consult With Our Massachusetts Estate Planning Lawyer for Parents Today
At Fisher Law LLC, our Massachusetts estate planning attorney provides solutions-focused guidance and support to parents. If you have any questions about guardianship for your minor child, please do not hesitate to contact us today. We have an office in Norwood and we serve communities throughout the Greater Boston area.
