There are numerous ways that a person can become the guardian of a minor child, but one of the most common is when they are named guardian in the will of a deceased parent. This is what is known as a testamentary guardian. If you wish to appoint a testamentary guardian for your children, you should speak with an experienced wills attorney.
If you are a parent working on your estate plan, Siedentopf Law can explain the legal requirements for naming a guardian of a child in Atlanta and draft the required legal documents.
The Process of Naming a Testamentary Guardian
If both parents pass away, the testamentary guardian named in the last will and testament becomes responsible for the child’s care, upbringing, and major life decisions. Appointing a testamentary guardian in Atlanta is a crucial aspect of estate planning, ensuring a child’s future is secure even after the parents’ death.
In Georgia, a person can become the guardian of a child from a deceased parent if you nominate them as the testamentary guardian in the will. When this is submitted to the court to be legally verified and processed, the minor child’s living relatives, such as adult siblings and grandparents, will be notified by certified mail.
We recommend working with a lawyer while drafting your will to make sure there is no room for confusion when the time comes for the guardian to take over. The powers of a testamentary guardian are the same as those of a court-appointed guardian, and the guardianship will end when the child reaches the age of 18.
Understanding the Responsibilities of a Child Guardian
An estate planning attorney can provide guidance on appointing a testamentary guardian, which is a vital part of your decision making. If you appoint a guardian in your will to care for your minor child, you should draft the necessary language to formally designate them. When selecting a guardian, consider the individual’s values and ability to provide for your child’s needs.
A testamentary guardian is responsible for assuming full parental responsibility for the child, including decisions about healthcare, welfare, education, and overall upbringing until they reach adulthood. They must provide a safe and stable living environment for your child, and manage any assets or inheritance of the child’s according to the terms of the will.
Having an attorney review your will and guardian designation can give you confidence that your child’s future is secure.
Talk to an Atlanta Attorney About Naming a Child Guardian
Guardianship laws vary by state, so if you wish to name a guardian of a child in Atlanta, legal counsel is essential. Sarah Siedentopf can navigate complex family situations and any potential concerns that could arise during the legal process.
If you need help addressing guardianship for your child in the creation of your will, you do not have to face these next steps alone. Siedentopf Law can help parents throughout Georgia with preparing necessary documents that protect your child’s future. Set up your virtual one-on-one strategy call with us today.
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