Estate Planning for Parents: What is the Best Way to Set Up a Guardianship for Minor Children in New York?
Are you a parent who has young kids or teenagers? If so, it is imperative that your child(ren) is carefully considered in your estate plan. Among other things, you should set up a guardianship. At Poulos LoPiccolo PC, we help parents navigate estate planning matters. Here, our New York City estate planning lawyer explains the most important things to know about setting up a guardianship for minor children in New York.
What is a Guardianship for a Minor?
A minor cannot make legal decisions on his or her own behalf. Parents are the legal guardians of children. In cases where the child’s parents are not around or cannot exercise their parental responsibilities, another guardian may take the role. A guardian for a minor is not equivalent to child custody. Though, a guardian has legal responsibilities to care for the child.
New York Law: You Can Name a Guardian for Your Kids in Your Will
Under New York law, parents can make a guardian for their children in their will. It is a proactive measure that allows parents to select someone they trust to oversee their children’s care in the event of their untimely demise or their temporary/permanent incapacity. The named guardian will have legal authority to care for the children—largely mirroring parental rights. A will is a great option for estate planning for parents. Notably, it is important for parents to discuss their intentions with the chosen guardian beforehand to ensure they are willing and able to take on the role.
Guardianship for Minor Only Takes Effect if Both Parents Unable to Provide Care
In New York, a guardianship for a minor comes into effect only if both parents are deemed unable to provide care—whether due to death, serious illness, or other incapacitation. It helps to ensure that the guardianship arrangement is a fallback mechanism—not an immediate transfer of parental rights. It is a safety net. If a child has two married parents and one passes away, full rights transfer to the other parent. However, if both parents pass away, the guardian will assume responsibility.
What Happens if Parents Do Not Make Estate Planning Provisions for their Minor Children
What happens if no guardian is named in a will of the parents and neither parent is around to care for the child? As explained by the New York State Modified Court System, the state’s court system will step in to determine who (if anyone) can and will serve as the guardian. When there is no plan in place, these can be slow, stressful, frustrating, and high-conflict cases.
Consult With Our New York City Estate Planning Attorney Today
At Poulos LoPiccolo PC, our New York City estate planning lawyer has extensive experience working with parents of young children. If you have any questions about setting up a guardianship for a minor child, we are here to help. Contact us today for a confidential initial consultation. With a law office in Manhattan, our firm provides estate planning services to parents throughout the region.
Source:
nycourts.gov/courthelp/Guardianship/child.shtml
