Kids can change a surprising amount over one summer. They come back to school a little taller, a little more independent, and sometimes with entirely new interests, friendships, and routines. The differences can be especially noticeable when a new school year begins.
Families change right along with them. The person who seemed like the right choice to care for your children a few years ago may still be exactly who you would choose today. Or circumstances may have shifted enough that it is worth thinking about again.
Back-to-school season can be a natural reminder to revisit one of the most important decisions in your estate plan: who you would want to care for your minor children if you were no longer able to do so.
That doesn’t mean changing your estate plan every year. It simply means taking a few minutes to make sure the choices you made in the past still fit your family today.
Why Guardianship Choices Can Change
Choosing a guardian is rarely a decision parents make lightly. The choice involves much more than deciding who you trust. Their values, parenting style, relationship with your children, where they live, and their ability to take on the responsibility all matter.
Those factors don’t necessarily stay the same.
Perhaps the guardian you named has moved across the country. Maybe they now have young children of their own or have taken on caregiving responsibilities for an aging parent. A sibling who was not in a position to raise another child five years ago may now be a much better fit. Your children’s needs may have changed as well.
None of this means your original choice was wrong. It simply means that a decision made for a four-year-old may deserve another look when that child is nine, twelve, or sixteen.
Think About Your Children’s Lives Today
When reviewing your guardianship wishes, consider more than whether you still trust the person you named. Think about what life with that guardian could actually look like for your children.
Would your children need to move to another city or state? Would they be able to remain near extended family and close friends? Could they stay in the same school or community? Does the potential guardian understand any educational, emotional, medical, or other needs your children have?
As children get older, these practical considerations may carry more weight. A move that might have been relatively manageable for a toddler could be much more disruptive for a teenager who has strong ties to a school, sports team, community, or group of friends.
There may not be one person who checks every box. The goal is to consider who is best equipped to care for your children based on the circumstances that exist now.
Make Sure Your Guardian Is Still Willing to Serve
Your annual review should also include a conversation with the person you have named.
Someone may have been completely comfortable accepting the responsibility when you first created your estate plan. Years later, their health, finances, family responsibilities, career, or living situation may look very different.
It is better to learn about those changes now than for your family to discover them during a crisis.
The conversation does not need to be complicated. Confirm that the person is still comfortable with your decision and give them an opportunity to raise any concerns or questions. If your children have particular routines, needs, or relationships that are important to you, this can also be a good time to discuss them.
Don’t Forget About a Backup Guardian
Even if your first choice has not changed, take another look at your backup.
A successor or alternate guardian becomes especially important if your first choice dies, develops health problems, moves, or simply reaches a point where taking responsibility for your children is no longer realistic.
Without a suitable backup named in your estate plan, the question of who should care for your children could become more complicated at an already difficult time.
Your first and second choices also do not have to be the people who seemed most obvious when your children were born. Think about your estate plan as a whole and what you would be asking each person to do. The best choice is someone who can carry out your wishes and confidently handle the responsibilities that come with the role.
Guardianship Is Only One Part of the Plan
Reviewing your guardianship wishes is also a good opportunity to consider how your children’s financial needs would be handled.
The person raising your children does not necessarily have to be the same person managing assets for them. Depending on how your estate plan is structured, you may decide that one person is best suited to provide day-to-day care while someone else is better equipped to manage an inheritance or trust.
You may also want to review instructions involving education, housing, extracurricular activities, or other expenses. As your children grow, the financial plan you created when they were very young may need to evolve with them.
Add an Estate Plan Review to Your Back-to-School Routine
Back-to-school season already comes with plenty of annual tasks. Adding an estate plan review does not mean starting over or changing documents every August. It simply creates a regular reminder to ask whether the choices you made in the past still make sense.
Look at the guardian and backup guardian you have named. Consider how your children’s needs have changed. Think about whether the people you selected are still willing and able to serve. If something no longer feels like the right fit, talk with your estate planning attorney about whether your documents should be updated.
Your children will change considerably from one school year to the next. Your guardianship wishes should have the opportunity to change with them.
If it has been a while since you reviewed the guardians named in your estate plan, our team at TrustCounsel can help you make sure your choices still reflect your family and your wishes today. Please visit our contact page to locate the nearest office or complete our online form, and a member of our team will follow up to assist with scheduling a consultation.