HomeGuardianshipWhy every parent should have a Guardianship

Why every parent should have a Guardianship

Life is full of uncertainties, and as parents, our primary concern is the well-being of our children. While it’s natural to hope for a long and healthy life, it is essential to plan for the unexpected. Setting up a guardianship is a responsible and thoughtful step that every parent should consider. This legal arrangement ensures that your children will be cared for by someone you trust, should anything happen to you and your spouse. In this article, we will explore the reasons why every parent should establish a guardianship in case of their untimely demise.

Protecting Your Child’s Welfare

The most compelling reason to set up guardianship is to safeguard your child’s welfare. In the unfortunate event of both parents passing away, the court will have to step in to determine who will take care of the child. By designating a guardian through legal documentation, you can ensure that your child’s care is placed in the hands of someone you trust and who shares your values and beliefs.

Avoiding Potential Family Conflicts

Without a designated guardian, family members may dispute over who should take custody of the child. This can lead to unnecessary stress and conflicts during an already difficult time for your child. By naming a guardian in advance, you can prevent such disputes and provide clarity to your family and friends regarding your wishes.

Ensuring Stability and Continuity

The loss of parents is a traumatic experience for any child. By having a pre-established guardianship, you can help provide stability and continuity in their lives during a time of emotional upheaval. The designated guardian will already have knowledge of your child’s routines, preferences, and needs, making the transition smoother.

Choosing the Right Guardian

One of the most critical aspects of setting up guardianship is that it allows you to carefully choose the person or persons who will take care of your child. Consider individuals who are emotionally and financially stable, responsible, and share similar values and principles as you. Discuss your decision with potential guardians to ensure they are willing to take on the responsibility.

Preventing State Intervention

In the absence of a designated guardian, the court will appoint one, often based on state laws and guidelines. This can result in someone you may not have chosen or someone unfamiliar with your child’s needs becoming their legal guardian. Taking proactive steps to establish guardianship ensures your child remains in the hands of someone you trust and not subject to state intervention.

Providing Financial Security

Guardianship not only involves physical care but also financial responsibility. By setting up a guardianship, you can establish trusts or other financial arrangements to secure your child’s future financially. This ensures that funds are managed appropriately and used for your child’s benefit until they come of age.

Peace of Mind

Perhaps the most significant reason to set up guardianship is the peace of mind it brings. Knowing that your child will be well-cared for and surrounded by loved ones if you are no longer around can provide immense comfort during uncertain times.


While contemplating our own mortality can be uncomfortable, it is essential to plan for the future, especially when children are involved. Setting up guardianship allows you to make decisions about your child’s care, ensuring they are protected and provided for by people you trust. This legal arrangement not only avoids potential family conflicts but also offers emotional and financial security to your child during challenging times. Every parent should seriously consider establishing guardianship as part of their responsible and caring approach to parenting.

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What is a Trust?

A Living Trust is a financial tool that lets you plan, organize, and protect your life. It’s a personal entity that allows you to add assets and plan out your inheritance. Eliminating legal battles, cost, and time spent by your loved ones. 

Think of it like a personal LLC that you put everything you own in. Except it doesn’t protect you from liability like an LLC does, it protects you from probate and conservatorship. 

Probate is the complicated court process (12-18 months) where a judge decides what happens to your assets after you die, become incapacitated, or are “deemed” incapable. Creating a living trust allows your assets to completely circumvent probate and immediately transfer to your loved ones. 

In addition to being able to name heirs (your beneficiaries), a Trust also allows you to assign someone to manage it (your successor trustee). Instead of going through probate, your Successor Trustee takes control of the Trust, handles your affairs, and distributes your assets according to your instructions. The person you select as Successor Trustee should be your most trusted person. Like a best friend or closest family member.

At Dynasty, we believe everyone should have a Living Trust. If you have children, assets, or plan to acquire assets in the future, you should create a Trust. That way when you buy your next home, open a bank or brokerage account, get startup shares, etc. – you can immediately title them in your trust.