The Importance of Having a Will that Provides for Minor Guardianship

Web Admin - Saturday, November 28, 2020

Kenilworth estate planning attorneyAlthough you may not think you need it, an estate plan can provide peace of mind and the assurance that your family will be taken care of after your death. Documenting your wishes ahead of time eliminates uncertainty and disputes, while maximizing the value of your estate when it is distributed among your beneficiaries. This is especially if you have children or other family members who rely on you for support. An experienced estate planning attorney can assist you with creating a will and trust that is appropriate for you and your family, including guardianship of any minors. 

What Is a Last Will and Testament?

Every estate plan should include a will, which is also sometimes referred to as a last will and testament. This legally binding document clearly states a person’s intentions or wishes after his or her death. The issues covered usually include who will act as the executor and who will inherit the estate. Regarding the estate, it can outline what will happen to the decedent’s possessions, such as whether they will be left to another person, an organization, or donated to charity. In addition, a will states who will become the guardian of any minor children.

Legal Guardianship of a Minor

Generally, only a parent of a child has the authority to make decisions about the child’s care. Sometimes, a parent is unable or chooses not to make decisions regarding his or her child’s care. In these situations, a person who is not the parent can become the legal guardian of the child. Legal guardianship permits an individual who is not the parent to make care decisions for a child, just like a parent would. This can include important matters such as the child’s healthcare, living situation, and education. For example, a minor cannot make decisions regarding his or her own medical care or treatment, only an adult can. The person with authority to make care decisions is called the child’s guardian, and he or she does not have to be a relative of the child.

One of the main reasons it is vital to include decisions about the guardianship of a minor in a will is when a parent dies. If no one is designated or appointed to have the responsibility of handling the child’s affairs, the court will determine who receives that authority. In cases where there is one surviving parent but he or she is incapable of raising the child, a guardian may be appointed to ensure the safety and well-being of the minor. Including this important issue in a will allows the person drafting it to be in control of who takes on this important responsibility. It is crucial to consider both short- and long-term factors of the child’s welfare, and who is best-suited for that role. Then, discussions between both parties should take place related to the specific wishes related to raising the minor. A Memorandum of Wishes can be drafted to address any and all concerns. This can also safeguard against relatives fighting over who should care for the child, which can cause great anxiety and emotional turmoil for the child as well as other family members. 

Contact a South Barrington Estate Planning Lawyer

Guardianship of a minor is especially important to ensure the well-being of that child. That is why it should be an essential part of your estate plan. Including this designation can help prevent arguments and disputes among family members in the event of your death. At Drost, Gilbert, Andrew & Apicella, LLC, we are ready to put our proven methods to work for you and your family. Our accomplished Schaumburg estate planning attorneys will help you draft an estate plan that includes guardianship of a minor if necessary. To arrange a free consultation, call our office today at 847-934-8000.

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.



Recent Posts


Buffalo Grove traffic attorney Palatine business attorney Schaumburg traffic lawyer FSLA Schaumburg estate planning attorney Mt Prospect Attorney eluding a police officer Chicago estate planning Crystal Lake employment lawyer boating accidents medical malpractice creditors drug crimes lawyer Arlington Heights tax lawyer jet ski Barrington medical malpractice lawyers Rolling Meadows drug defense attorney Rolling Meadows accident lawyer Illinois elder law attorney Long Grove estate planning attorneys Palatine real estate lawyer jet ski accidents digital media accounts, estate planning, Arlington Heights estate planning attorney, Schaumburg elder law lawyer unauthorized overtime probate claims process insurance negligence Chicago estate planning lawyer employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Buffalo Grove car accident lawyer employee discrimination Schaumburg criminal attorney Barrington estate planning lawyer unfunded trust Illinois traffic attorneys landlord tenant law insurance agent negligence estate plan Illinois personal injury lawyers Crystal Lake traffic lawyer fiduciary rule expungement DUI attorney construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation changes to mortgage law Des Plaines injury law firm power of attorney for healthcare FMLA Arlington Heights car accident lawyer Illinois medical malpractice claim Policy Cancellation Inverness elder law lawyer bicycle dooring accidents Buffalo Grove life insurance attorney Crystal Lake employment attorney Palatine employment attorney Barrington criminal lawyer Barrington employment law attorney Barrington Traffic Lawyer boating DUI life insurance lawyer homestead rights TBI nursing home negligence Chicago trucking accident attorney healthcare claims Illinois insurance disputes Buffalo Grove personal injury lawyer insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys personal injury claims elder abuse personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Illinois Workers’ Compensation Commission CAM taxes drunk driving statistics Exclusions Kenilworth estate planning attorneys Inverness insurance attorney coronavirus overtime violations Illinois injury lawyer comparative negligence car accidents marijuana crimes attorney hiring employees murder defense Barrington workers compensation attorney Liquor Control Act rollover car crashes rent to own real estate contracts DUI defense fault based insurance severance agreements attorney fees Joliet general practice lawyers Des Plaines real estate lawyer Buffalo Grove real estate attorney foreclosure real estate Illinois estate planning Fourth of July traffic tickets trucking accidents Des Plaines collections attorney insurance dispute Chicago insurance law firm Illinois lawyer loss of consortium Schaumburg drug defense lawyer personal injury attorney Schaumburg probate attorney Barrington criminal defense lawyer products liability probate lawyer Chicago life insurance attorney forming a corporation in Illinois commercial real estate Illinois wills and trusts attorneys Buffalo Grove injury lawyer agent low-ball insurance settlement Schaumburg pregnant women Rolling Meadows personal injury attorney Deer Park workers compensation lawyer Barrington drug crime attorney Illinois workers compensation attorney Des Plaines criminal attorney Illinois real estate lawyer criminal record Rolling Meadows marijuana attorney Illinois insurance claims lawyers Palatine Attorney employee rights pedestrian injuries, pedestrian fatality employee misclassification Barrington attorney caretaker rights top life insurance claim denials Rolling Meadows boating crash lawyer drug crimes pet bites Illinois medical malpractice attorney Palatine construction attorney child safety Illinois corporate lawyer rollover accidents Illinois will lawyer Rolling Meadows Attorney beneficiary complications home inspection lawyer Des Plaines drug lawyer cell phone Rolling Meadows criminal attorney Mount Prospect elder law attorney Long Grove real estate attorney Des Plaines insurance attorney Palatine insurance lawyer Illinois Probate Act of 1975 Crystal lake insurance dispute attorney Schaumburg real estate lawyer Arlington Heights car crash attorneys job lawyers Arlington Heights personal injury attorney Crystal Lake traffic attorney deadly crashes medication errors brain injury car crash injuries Illinois traffic laws living trust Rolling Meadows real estate attorney overtime pay new real estate form pizza emoji digital evidence probate claims Crystal Lake medical malpractice attorneys Schaumburg corporate attorney texting while driving Legal Info insurance disputes Palatine probate lawyer wrongful death Crystal Lake personal injury attorney Illinois pet lawyer gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys advance healthcare directive personal injury accidents Illinois small business Schaumburg personal injury lawyers premises liability small business insurance claim dispute estate planning trusts driving Inverness injury lawyer medical malpractice claims trustee Palatine employment lawyer Crystal Lake bike accident lawyer School Visitation Rights Act Illinois car accident attorney Palatine criminal defense lawyer license suspension trench injuries traffic violations Crystal Lake personal injury lawyer Chicago attorney startup company Home Sale Contingencies Illinois jet ski accident lawyer Chicago will attorney, social media platforms, Illinois estate planning lawyer, federal regulations for LLCs Schaumburg employment law attorneys revenge porn Crystal Lake car accident lawyer Arlington Heights real estate lawyer Do Not Resuscitate medical marijuana Schaumburg civil litigation attorney Barrington Illinois estate planning lawyer Rolling Meadows corporate lawyer Illinois insurance claim attorney trauma after an accident estate planning Palatine traffic accidents real estate leasing Rolling Meadows insurance lawyer Illinois criminal defense attorney first degree murder construction accidents Food and Drug Administration's Food Safety Modernization Act real estate closing Illinois personal injury attorney Illinois construction accident attorney Illinois civil litigation lawyer paid sick leave field sobriety test whistleblower protections elder law BAC Buffalo Grove corporate attorney bad faith insurance claims Inverness real estate lawyer Illinois living will car accident lawyers operating agreements Schaumburg insurance lawyers Inverness DUI lawyer Arlington Heights accident attorney Crystal Lake car accident attorney Illinois Sales Representative Act Inverness civil lawyer Illinois employment attorneys personal injury law firm life insurance breathalyzer test Long Grove wills and trusts attorneys icy parking lots Palatine corporate law attorneys Arlington Heights medical malpractice lawyer Des Plaines personal injury lawyers Retaliatory Discharge Palatine life insurance lawyer speeding Employment Discrimination Law car collision Schaumburg personal injury attorney most common reasons for life insurance claim denials Palatine corporate attorney Rolling Meadows probate lawyer estate attorney accidental death benefits employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Barrington real estate lawyer Barrington personal injury lawyer insurance claim estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers investment property senior citizens Illinois wrongful termination lawyer living wills digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers pay when paid contract digital assets Illinois workplace discrimination attorney Illinois LLC creation gift taxes sexual images employment lawyer dog bites IRS Colin Gilbert personal injury claim Buffalo Grove personal injury attorney license reinstatement golf accidents Long Grove real estate lawyer Deer Park DUI lawyer insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Deer Park personal injury lawyer condo clemency Illinois pedestrian accident attorney criminal Inverness estate planning lawyer food poisoning Chicago will attorney Deer Park real estate law firm Illinois insurance attorney life insurance claim denial, denial of life insurance claim cause-of-death exclusions Schaumburg injury lawyer estate planning attorney denial of life insurance Crystal Lake pet attorney Fair Labor Standards Act Arlington Heights Traffic Lawyer manufacturing health insurance dispute Inverness traffic law firm underfunded trust Long Grove estate planning attorney license liens spinal cord injuries Illinois employment lawyer income distribution deducation South Barrington real estate lawyer Class A misdemeanor car accident vacation home fines financial advisors criminal law Palatine civil litigation lawyer sole proprietorship Crystal Lake employment law attorney special needs trust medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Rolling Meadows estate planning attorney Crystal Lake injury attorney Buffalo Grove criminal defense lawyer commercial leases Kenilworth estate planning attorney drugs slip and fall breach of contract living trust vs will meal breaks car accident lawyer in terrorem provision insufficient documentation Crystal Lake civil litigation lawyer Schaumburg Attorney probate fees anesthesia errors Mount Prospect real estate lawyer Inverness corporate attorney Deer Park motorcycle accident lawyer Illinois trusts attorney Buffalo Grove insurance claim dispute lawyers distracted driving accident victims irrevocable trust Illinois estate planning law firm uninsured motorist civil litigation Colin H. Gilbert landlord llinois Real Estate Lawyers Association Illinois employment law firm pedestrian-automobile accident South Barrington real estate attorney Barrington estate planning attorney Chicago insurance claim attorneys head on collisions wage theft insurance agents Schaumburg personal injury lawyer Forcible Entry Palatine trusts lawyer federal crimes real estate contract Illinois bicycle safety minimum wage Detainer Actions Arlington Heights Attorney suspended license probate Schaumburg car accident attorney Schaumburg criminal law attorney Rolling Meadows insurance dispute lawyers real estate attorneys controlled substance Illinois defective products attorney Family Medical Leave Act Des Plaines personal injury attorney personal injury lawyer Barrington injury attorney underinsured motorist Chicago corporate attorney Rolling Meadows DUI lawyer pedestrian accidents Chicago employment attorney insurance adjusters Rolling Meadows personal injury lawyers business litigation criminal defense DNR Schaumburg estate planning lawyer tax attorney fiduciary rule delay Illinois insurance claim dispute lawyers Crystal Lake criminal defense attorney Des Plaines personal injury lawyer lapse in policy Des Plaines DUI attorney traumatic brain injury Rolling Meadows traffic attorney DMV Buffalo Grove law firm Palatine workers compensation lawyer Illinois employment law workers compensation benefits IRA trust transfer Illinois red light cameras construction contracts Schaumburg construction accident lawyer insurance claims Rolling Meadows litigation lawyer Illinois medical malpractice case corporate law swimming pools Des Plaines drug crimes lawyer Illinois business law atorneys drug crime Illinois personal injury lawyer Palatine civil attorney Super Mario Deer Park medical malpractice attorney Arlington Heights criminal lawyer Arlington Heights personal injury lawyer DUI penalities insurance claim denial traffic crimes workers compensation capital gains tax Rolling Meadows personal injury lawyer PTSD Illinois trucking safety POA unpaid assessment rumble strips installment contracts Illinois rollover accident lawyers Arlington Heights lawyer Illinois employee rights attorney. insurance dispute attorney Illinois workers compensation lawyer problem employees subcontractor Illinois insurance claim dispute lawyer appealing an insurance claim Arlington Heights estate planning attorney murder charges Barrington life insurance lawyer Barrington personal injury attorney wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Des Plaines civil attorney Arlington Heights trucking lawyer Riverwoods estate planning lawyer deed transfer civil litigation attorney Arlington Heights employment attorney Illinois motorcycle accident lawyer insurance denial appeals power of attorney Illinois registered agent insurance claim dispute attorney Buffalo Grove employment lawyer denial of insurance claim filing a medical malpractice claim wills and trusts guardianship attorney privacy laws mass shooting Schaumburg employment attorney Buffalo Grove traffic lawyers DUI Home Remodeling Repair Act reckless homicide denied insurance claim car crashes medical research defective products traffic offenses workers comp Schaumburg medical malpractice lawyer Long Grove estate planning traffic deaths murder Barrington boating accident attorney Deer Park traffic lawyer civil rights violation how to avoid common denials of life insurance claims preventing accidents personal injury Barrington civil litigation attorney Schaumburg wrongful death attorney owner responsibility Transfer on Death Instrument Arlington Heights wills and trusts lawyers Rolling Meadows employment law attorneys Arlington Heights employment law attorneys estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Rolling Meadows employment law attorney Barrington employment law firm Des Plaines real estate attorney employment law, Illinois employment laws pet law Illinois attorney wrongful termination motorcycle accident lawyer Illinois employment law attorney truck collisions dram shop law GM ignition switches Rolling Meadows liability claims estate tax Inverness probate lawyer modern family estate planning traffic violations defense bike accident Illinois mortgages car crash Crystal Lake law firm healthcare contracts traffic laws Crystal Lake accident attorney material misrepresentation living trust benefits dynasty trusts vacation home Federal Food Drug and Cosmetic Act hands free device Crystal Lake insurance lawyer employment law Rolling Meadows life insurance claim denial attorney Crystal Lake pedestrian accident lawyer trust payments right to work Palatine employment law lawyer real estate zoning Chicago lawyer social media after death natural gas explosion Palatine traffic lawyer commercial leasing Deer Park criminal attorney denied insurance claims Des Plaines Chicago employment lawyer auto accidents marijuana Illinois employment law attorneys Crystal Lake medical malpractice law firm Illinois home inspection Attorney Ken Apicella Illinois insurance lawyer work unions traumatic brain injuries Rolling Meadows tax attorney Jay Andrew Crystal Lake tax lawyer insurance attorney DGAA Crystal Lake medical malpractice lawyer Arlington Heights wills and trusts lawyer hit and run accident trusts Arlington Heights insurance attorney loopholes Rolling Meadows business lawyer insurance claim delay holiday statistics real estate attorney BAIID no contest clauses Palatine elder law attorney Deer Park accident attorney Barrington business law firm Affordable Care Act mortgage unpaid overtime Barrington employment attorney rest breaks Chicago car accident lawyer Rolling Meadows insurance attorney workplace sexual harassment Schaumburg estate attorney independent contractor Palatine law firm privacy foreclosed rental property product liability Des Plaines accident attorney Palatine drug lawyer Arlington Heights wills and trusts attorney insurance denials Arlington Heights pedestrian accidents Crystal Lake will lawyer Buffalo Grove probate lawyer ken apicella Buffalo Grove medical malpractice lawyers cell phone tower data estate planning for college students Arlington Heights TBI attorney Des Plaines motorcycle accident attorney IRA benefits IRELA Illinois DUI attorney involuntary manslaughter comp time Rolling Meadows Traffic Lawyer boating under the influence real estate lawyer underage DUI Arlington Heights injury attorney Illinois Human Rights Act cell phone accidents natural gas employment attorney spinal cord injury defective products lawyer Mount Prospect wills and trusts lawyers institutional trustee Illinois personal injury fatal car accidents Inverness accident lawyer Illinois Trust Code Rolling Meadows criminal lawyer employment contract drug possession Deer Park employment law attorney texting and driving internet Thanksgiving crossover accidents preventable medical errors Deer Park traffic accident attorney Illinois employment laws Des Plaines medical malpractice attorney Illinois driving without license Crystal Lake business law attorneys ACA Des Plaines pet law attorney caregiver Illinois law Arlington Heights wills and trusts attorneys back injuries Illinois Smoke Detector Act Chicago biking tips Palatine punch death Illinois business lawyer Chicago traffic lawyer Barrington litigation attorney BUI traffic accidents LLCs dealing with problem employees Illinois wills and trusts trucking accident lawyers Illinois medical malpractice compensation bicycle accidents pedestrian accident Illinois traffic attorney Whistleblower Claims consent to a search Illinois Transfer on Death Instrument Rolling Meadows insurance dispute lawyers, insurance dispute Illinois traffic accident lawyer Crystal Lake estate planning lawyer slip and fall accidents Inverness personal injury attorney Illinois workplace lawyer drunk driving employees Inverness real estate attorney Des Plaines claims law firm liability blood alcohol content Kenilworth estate planning lawyer Illinois boating accident lawyer wills automated cars Rolling Meadows medical malpractice lawyers Landlord Tenant Ordinance Illinois speeding lawyer blended families Illinois real estate Illinois collections attorney Illinois tax attorney Rolling Meadows traffic law firm sexual harassment college kids Illinois Wage Payment and Collection Act license revocation surgical mistakes motorcycle accident life insurance claims Arlington Heights traffic attorney Rolling Meadows employment attorney insurance claim denials Schaumburg life insurance attorney estate planning lawyer Rolling Meadows car accident lawyers ObamaCare Illinois insurance dispute lawyers Des Plaines tax law firm probate process Palatine injury attorney life insurance policy Illinois probate lawyer condo association digital information Palatine personal injury lawyer Illinois job attorney Self-Directed IRA Accounts disability benefits Illinois traffic ticket lawyer pain and suffering Illinois medical malpractice lawyers distracted driving accidents Des Plaines Traffic Lawyer Palatine estate planning lawyer residential real estate compensatory time Illinois estate planning attorney