Wills, Trusts, Guardianship, Conservatorship, & Probate
LEHNER LAW OFFICE A Limited Liability Company
Nominating Guardians for minors:
(it can be done on a budget, read on)
We all understand that parents are responsible to provide care for their children - they are guardians by default. But what happens if a child’s parents become incapacitated, or tragically pass away before the child reaches adulthood (age 18)? The answer to that question depends on the planning that the parents have done, or not done, in advance.
Who should nominate guardians?
Any parent or guardian of minor children.
Who will be guardian if there is no nomination?
No one can know for sure. Absent a parental nomination, any person who has any interest in caring for the child may step forward. However, the Minnesota courts will make the ultimate decision using “the best interest of the child” standard. This prospect can be disconcerting, to say the least.
How can I establish guardians for my children?
The traditional place to make a guardian nomination is in a Will. However, there are other documents that are legally sufficient to make this nomination.
Furthermore, a Will only becomes authoritative when the maker of the Will dies. There is a supplemental document (Standby Custodian Nomination) that is designed to make a guardian nomination in the event a parent is living, but unable to care for their child.
You can take the first step by completing the Standby Custodian Nomination as part of a Guardian seminar by the Lehner Law Office, LLC. Sign up for the next seminar by visiting our SEMINARS page.
How much will this cost?
It depends. A thorough, customized plan has no free alternative. However, but attending a Lehner Law Office, LLC seminar, you can complete a Standby Custodian Nomination and take the first step for FREE. To learn the prices of a complete package, please contact our office.
DID YOU KNOW...
After completing a Standby Custodian Nomination, a parent can file a copy of the nomination with Driver and Vehicle Services and place an indicator on his or her driver’s license!
To learn more, please contact our office or register for one of our upcoming seminars.
The content of this website is intended for informational purposes only and does not constitute legal advice, nor does it create an attorney - client relationship between the reader and the Lehner Law Office, LLC.
Lehner Law Office, LLC
1069 S. Robert Street, Ste 100
West St. Paul, MN 55118
T 651.222.9829
F 651.222.1122