Parents in New York and elsewhere have the right to name a guardian for their children as part of their estate plans. However, there are many issues that individuals should consider when it comes to determining who should raise their sons or daughters. For example, it is important to understand that the child is likely going to be living in the guardian’s home as opposed to where he or she currently lives.

Therefore, parents should be sure that this person lives in an area where their children can thrive. An individual is also encouraged to consider the age of the person who might one day become a son or daughter’s guardian. Typically, older individuals will have greater financial resources to care for a child. However, younger folks may be better able to relate to a older child or teenager.

Ideally, the person who is named as a guardian is currently a parent or has experience raising children. If a prospective guardian hasn’t been a parent before, it is a good idea to learn more about how that person was raised. Typically, a person’s upbringing will have a strong influence on the choices that they make when caring for a child. Finally, it’s important to confirm that the person chosen to be a son or daughter’s guardian is actually willing to serve in that role.

Deciding who will be a child’s guardian is one of many potential benefits of creating an estate plan. An estate planning attorney may talk more about other potential benefits such as the ability to avoid probate or care for children who have special needs. A power of attorney or advance directive may make it easier for a person’s wishes to be respected while that individual is incapacitated.