Submitted by Sharon34 on Fri, 05/08/2009 - 13:46
My husband and I are thinking of naming his sister and husband as guardians for our 3 kids if we died. Any thoughts on that process, or anything we should know about MA law?
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Editor's Response
I have a couple of thoughts, but having to do with common sense rather than Massachusetts law. First, make sure you really want BOTH of those people to be the guardians. Let me explain. Let's say his sister is an excellent mother and caregiver, but her husband, though a good man, is an inattentive father. What if your husband's sister dies or gets divorced after they take custody of your kids? The better practice is to name only the person you really want to act as guardian, without reference to the other person, and then include a succession of alternate guardians, in case one dies or refuses to serve.
Second, remember the importance of good communication. It may be too obvious to mention, but the selection of executors and guardians should include in-depth discussions with your candidates. You must be certain that they are willing to accept the role, understand your goals and objectives, and are aware of the significance of the position that you are asking them to assume. Good luck, and please tell your friends about The Forum.