Guardianship refers to the process of appointing a responsible individual as your child’s primary caretaker. A guardian is legally responsible for looking after your child and ensuring that all their financial needs are being met. Appointing guardians allows people to ensure that their children will be in good hands even when the parents can no longer care for them. Besides caring for the children, guardians handle the finances of these children and transfer them to the kids when they’re old enough. Even though estate lawyers recommend appointing guardians in your lifetime, the process can be complicated in Canada.

However, we can help. This blog discusses how you can enhance your estate planning by assigning a Guardian.

Select the Ideal Person as Your Kid’s Guardian

One of the most important steps in appointing a Guardian for your children is to look for the ideal person. While it’s essential to pick someone responsible and an adult who loves your kids, you also need to consider other factors. Here are some things you should always consider when appointing a guardian.

● Your appointed individual should have the same moral and religious values as you and your partner. You don’t want your kids to be raised by someone who doesn’t share the same values and might instill different values in your kids.

● The guardian of your child needs to have a close bond with your kid in your life. The child should be able to trust them and ask them for help even when the parents aren’t around.

● Your appointed guardian should be financially stable enough to meet your kids' financial needs. If you’re leaving behind some assets to help them raise your kids, their financial situation isn’t an essential factor, but if you’re financially struggling and might not have enough money to leave behind for your kids, your guardian should be someone who won’t mind splurging on your kids and ensuring that they get their necessities.

In most cases, estate lawyers advise appointing a close friend or family member as your child’s guardian. However, ensure that they take all the boxes before making any decision.

Ensure That the Guardian Understands and Agree to the Responsibilities

Another important step that you need to take is to ensure that the person you appoint as your child’s guardian understands all their responsibilities beforehand. You need to inform them that you’re appointing them as your child’s guardian, let them know what you expect from them, and ensure that they agree to the role before drafting the paperwork. If you feel like the person you want to appoint as your kid’s guardian doesn’t want to handle the role, it’s advisable to appoint someone else as the legal guardian. This will prevent several legal issues later.

Fulfill All Legal Requirements Immediately

Once you have the guardian’s consent, estate lawyers recommend immediately fulfilling all legal requirements. You should hire an estate lawyer and ask them for the documents that are required for the process. These estate lawyers will also help you draft the Guardianship documents, add your desired terms and conditions, update the paperwork when needed, and notarize it. They also ensure that the documents are valid and won’t be later challenged in court.

Hire a Wills and Estate Lawyer to Appoint Guardians

With the help of a guardian, you can ensure that your children will be safe and cared for in the future. However, it’s advisable to hire a wills and estate lawyer as they can guide you through the complexities of picking and appointing a guardian. Nanda & Associate Lawyers is a boutique law firm in Mississauga, Brampton, and Toronto. Their team consists of highly-experienced and professional estate lawyers who can help people appoint a Guardian in no time. These wills and estate lawyers can guide you through the process, answer any queries, and ensure the final paperwork is legally-approved and valid.

Additionally, they ensure that you add all the required terms and conditions and other information in the Guardianship documents. Besides offering various estate planning services, Nanda & Associate Lawyers also has professional immigration consultants. These immigration lawyers provide legal advice and representation to people who want to immigrate to Canada through different immigration streams or pathways.

Book a consultation session with the wills and estate lawyers at Nanda & Associate Lawyers today, and let them help you appoint a responsible individual as your children’s guardian.

About the Author

This blog is a contribution of Quoc Toan Trinh, an estate lawyer affiliated with Nanda & Associate Lawyers. He’s fluent in English, French, and Vietnamese and has helped people from all communities and backgrounds get their estate planning in order. He also provides personalized legal solutions.

Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.