Adoption Law | Child Custody | Child Neglect | Child Abuse

Selecting a Guardian in a Will is Important

One of the most important decisions when drafting a will is the selection of a guardian for children. Without that legal directive, a judge will make the assign custody. It’s such a tough issue that many parents delay or forego the decision altogether. But ideally, the parents will have made that decision before the child is born.  

Typically, parents choose another couple to be guardians. But unforeseen events can occur that may cause the parents to reconsider their choice. A couple appointed as guardians may divorce or move across state lines. Therefore, lawyers usually recommend that parents review their decision at least once a year.

If you should change your decision, it’s a good idea to inform the old and new designated guardians beforehand in order to avoid any disputes.

Note: This information was prepared as a public service by the Illinois State Bar Association. Every effort has been made to provide accurate information at the time of publication. For the most current information, please consult your lawyer. If you need a lawyer and do not have one, visit our lawyer referral page. 

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