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Wills: Different people can be named as guardians

When parents in upstate New York do estate planning, they might have questions about nominating guardians. Suppose someone who is the ideal person to be the guardian of a child is not good at managing finances. Likewise, the best choice for an estate guardian might not be suitable as a guardian of children. Although two different people may be named as guardians of a person and estate finances, specific questions must be asked before appointing them and finalizing wills.

This will likely apply if the other natural parent of the child is incapable or no longer alive. One aspect to understand is that the child's guardian will have to request funds from the estate's guardian for paying expenses on behalf of the child. Matters to consider before appointing two guardians include the relationship between the two individuals.

If there is an existing relationship, the nature and suitability of it within the context of their roles must be assessed. It is also essential for the two guardians to have similar visions and values related to the child's care. If the two are strangers, will they get along and be able to communicate and work together? It is vital for both to understand their respective roles, limitations and authority, while also respecting each other's roles.

It is only natural for a parent to want to make sure his or her child will have the most suitable guardian. Making these critical choices when drafting wills could be daunting, but help is available. An experienced New York estate planning attorney can assess the client's unique situation and provide the necessary support and guidance along every step of the way. A lawyer can answer questions and explain the options, which will allow the client to make informed choices of guardians and other aspects of estate planning.

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