Question re: Appointing a guardian

WriterChick24

We're working on a will and would like to name my brother as the guardian of our child(ren) in the event we both die. Ideally I'd like this: for my brother to have the option of either taking the child in himself, or, if he cannot, for him, as the guardian, to have control over where the child will go.

My question is, as the guardian, is the right to decide where the child goes implied? Or do we have to have wording that says he can be a non-custodial guardian, allowing the child to live elsewhere but having the final say over her living arrangements?

Does that make sense?

Erin0806

You can never have too much detail in a will. I wouldn't rely on anything being implied because someone can always argue the point.

armandos_girl

Ditto what Erin said.

YachtRacer1977

I think better safe than sorry when it comes to something like that, since you're not around to clarify it, ya know?  Explain to your lawyer exactly what you want and make sure it's spelled out.

weelass24

Agree with Erin.  I would make it ridiclously clear.

Monkeybuttwhat

With ours we appointed people and spelled out who gets the kids.

CarlyL

Definitely meet with a lawyer about this.  I see wills (I do probate law, among other things) every day that are unclear and it always ends up in a big fight.  This is definitely something a lawyer needs to draft.

rottimom

spell it out, have contingencies, and back ups and also spell out clearly how the life insurance that you will have it to be used -- college not a car, living expenses but not donated to random charity of the month... strange things happen and you want to leave as much advance directive as possible.

We also chose the family members most able to meet the financial, educational, and religious needs of our child.  Its not who you like best, but who do you trust to take the best possible care of your child in your absence.