QUESTION
How do I name Guardians in my Living Will?
Asked on Apr 14th, 2021 on Guardianship and Conservatorship - Missouri
More details to this question:
I have a Living Will created. I want to list 3 people as Guardians. Is this OK? "If my Husband shall not survive me, I appoint Janice Ann Faries to be the Guardian of the person and property of any children of mine who have not attained the age of majority. If Janice Ann Faries does not survive me, or shall fail to qualify for any reason as the Guardian, or having qualified shall die, resign or cease to act for any reason as my Guardian, I appoint Jackson Wayne Faries as my Guardian. If both Janice Ann Faries and Jackson Wayne Faries do not survive me, or shall fail to qualify for any reason as the Guardian, or having qualified shall die, resign or cease to act for any reason as my Guardian, I appoint Jessica Lauren Braun as my Guardian. No Guardian shall be required to file or furnish any bond, surety or other security in any jurisdiction."
1 ANSWER
2 Awards
While you can do this in your Will (not your Living Will, which is an advance directive for health care when you are in extremis), it is often better to have a separate document, a Declaration of Guardian for Our Minor Children, signed by you and your husband. You can easily change this as circumstances change without paying for a new Will or Codicil (Will amendment). People who are great with little ones may not be equipped to handle teenagers.
Answered on Apr 15th, 2021 at 5:29 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.