What Is A Nomination of Guardianship?

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When you think of a last will and testament, you might think of leaving your property and assets to your beneficiaries. However, there is another important purpose of a will, and that is to nominate someone to be the guardian of your minor child or children.

In some situations, when a parent passes away, the child’s other parent might not be alive, available, or capable of caring for the child. You want to make sure that if this situation ever arises, you have nominated someone in your will to step in and become your child’s guardian.

If you do not have a provision in your will – or no will at all – there can be a court battle if multiple parties want the job of guardian. On the other hand, there might be no one who steps up, and your child risks becoming a ward of the state. You want to avoid any additional trauma for your child and plan ahead in case this unthinkable situation occurs.

Consult with a South Carolina Estate Planning Attorney Today

At Parker Law, our knowledgeable South Carolina estate planning lawyer can help you with all aspects of your will and other estate planning documents, including planning ahead for the care of your children. Call 803-918-5164 or contact us online for a consultation.

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Minor Guardianship FAQs

How Do You Make Sure Your Minor Has Someone to Take Care of Them?

One of the best ways to make sure your child has proper care after you and their other parent are gone is to include a guardian nomination in your will.

Who Should You Choose as Your Minor’s Guardian?

This is a highly personal decision that only parents can make, though an experienced attorney can help you weigh your options. Make sure it is someone with the means to care for your child.

Will Your Designated Guardian Be Appointed By the Courts?

Even if you nominate someone in your will to be your minor child’s guardian, the court does not have to appoint that person, but will give them priority in the consideration.

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