So my question for today is, if you designate someone as the guardian of your children in your will, do they have to take your children? And the answer, like most things, is no. They do not have to take your children. What you are doing in your will is telling the court that legally this is the person that you would like to have control of your child and take care of them. However, there is no way to actually force someone to take your child or children as guardian. This means that it is very important to actually talk to the people that you are designating as guardians and backup guardians because you want to be sure that if something happens to you that your children will have a guardian. So, if you have questions about that, please feel free to give me a call. Otherwise, do designate a guardian in your will and absolutely, positively talk to them about it and don’t make it a surprise. Thanks.
© Sarah Siedentopf and Siedentopf Law, 2018. Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Siedentopf Law and EstateLawAtlanta.com with appropriate and specific direction to the original content.
For more articles like these, sign up for the Siedentopf Law newsletter
What Are Your Estate Planning Questions?
Atlanta estate planning items like health directives, wills, trusts and more can be overwhelming and confusing. Let us know your questions by submitting them through the form below, and we'll be in touch.