Parents of minor kids are often worried about who would be appointed as guardian of those kids if something happened to the parents.
Under Idaho law, a parent may designate a guardian for their children if those children become orphaned . The only method for doing so is through a valid Will. The Will may appoint one or more people and may outline an order for priority of those people. Any writing that is not a Will does not have the same legal effect.
Thus, parents of minor kids always need to write a Will. In that document, savvy parents should designate several alternatives. If the need arises, it is possible their first-choice guardian will not agree to serve. We sometimes see parents make a mistake by designating a sibling or grandparent, when that person would not be a good choice for some reason.
This is one reason why seeking professional guidance in preparing a Will is worth the money. A professional advisor will often spot issues with a potential appointment that a parent is “too close” to see. Many parents find that, after consulting with us, they appoint someone different than they initially thought they would.
If we can help you prepare a Will, Living Will, Trust, Power of Attorney, or other estate planning documents, or if we can help you with obtaining guardianship over an orphaned or abandoned child, please make an appointment with us today!
