• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • WHO WE ARE
    • About Our Firm
    • Attorney and Staff Profiles
    • News and Events
  • Areas We Serve
    • Essex County, MA
      • Andover
      • Beverly
      • North Andover
    • Hillsborough County, NH
      • Manchester
      • Nashua
    • Middlesex County, MA
      • Concord
      • Lexington
      • Wakefield
      • Winchester
      • Woburn
    • Rockingham County, NH
      • Exeter
      • Londonderry
      • Salem
  • Services
    • Asset & Business Planning
    • Elder Law & Medicaid Services
    • Estate And Gift Tax Figures
    • Family-Owned Businesses & Farms
    • Legacy Planning Services
    • LGBTQ Estate Planning
    • Loss Of A Loved One
    • Pet Planning
    • Power Of Attorney
    • Probate and Trust Administration
    • SECURE Act
    • Special Needs Planning
    • Young Families
  • Elder Law
    • Coping with Alzheimer’s
    • Hospice Care
    • Medicaid Planning
    • Nursing Home Planning
  • Resources
    • Elder Law
      • Elder Law & Medicaid Definitions
      • Elder law reports
      • Elder Law Resources
        • Elder Law Resources – Londonderry, New Hampshire
        • Elder Law Resources North Andover, Massachusetts
        • Nashua, New Hampshire Elder Law Resources
        • Woburn, MA Elder Law Resources
    • Estate Planning
      • Estate Planning Articles
      • Estate and Gift Tax Figures
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Asset Protection Planning
      • Business Planning
      • Charitable Gifting
      • Estate Planning
      • Elder Law
      • Frequently Asked Questions for Families Without an Estate Plan
      • Incapacity Planning
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid Planning
      • Trust Administration & Probate
      • Wills and Trusts
    • Medicaid Calculator
    • Newsletters
    • Presentations
    • Probate and Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss Of A Loved One
      • Probate Resources
        • Nashua, New Hampshire Probate Resources
        • Probate Resources – Londonderry, New Hampshire
        • Probate Resources – North Andover, MA
        • Probate Resources – Wakefield, Massachusetts
        • Woburn, MA Probate Resources
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
    • Published Books
  • Seminars
    • Live Seminars
    • Online Seminars
  • Videos
  • Contact Us
  • Blog
  • Reviews
    • Our Reviews
    • Review Us

DeBruyckere Law Offices, PC

Serving Southern New Hampshire & Essex Country, Massachussetts

Call us today(603) 894-4141

(978) 969-0331

Online Seminars
Attend Free Seminar
Home » Incapacity Planning » North Andover Guardianship: Your Kids are Your Incentive for Early Planning

North Andover Guardianship: Your Kids are Your Incentive for Early Planning

July 22, 2014Incapacity Planning

north andover guardianship

If you’re 40, and have children, ask yourself who would care for them if something were to happen to you and your current or former spouse. Who would ensure they got to their dental appointments? School? Who would sit up all night after that first broken heart your teenage daughter experiences? How do you know they would attend college? For that matter, who else knows you’ve established a college fund for them already? If for no other reason, parents should make estate planning a priority for the sake of their children.

There are a myriad of quagmires that are waiting to serve as stumbling blocks when it comes to naming guardians for your children in North Andover, Massachusetts. In fact, in most states, the laws will unquestionably honor the ones they’ve chosen to serve as guardians for their children. In a handful of states, however, that’s not necessarily the case. In Massachusetts and a few other states, a probate judge can actually disregard your choices if it’s believed the one you’ve chosen is not suitable. A hearing is held and it’s then the courts that determine whether your chosen guardian is unfit or unsuitable.

There exists a probate protocol for background checks on prospective guardians, including criminal records and the abuse and neglect registry that’s maintained by the Division of Children, Youth and Families. The court is obligated to consider the minor child’s preferences when applicable and if the minor child is over the age of 14, the court provides “particularly careful consideration to their expressed desires.”

In fact, the law is clear: “As a practical matter, the court will give first consideration to the individual nominated by your will. But be aware, however, that there is no absolute guarantee that this choice will be carried out.”

If you’re divorced, there’s something to be said about setting aside differences and coming together to make this crucial decision so that others cannot make them for you. Many lawyers, including estate planning lawyers in Massachusetts, strongly encourage parents to make a list of what they feel is important in the event they both die. Consider faith and religion preferences, how many children already in the household is too many, relocation, schools, standards of livings, value systems, philosophies, social groups, sports participation, etc.

Many immediately think their parents are best and while that may be true, ask yourself if it’s really fair, especially if your parents or your in-laws are considerably older. Is it fair to a rambunctious ten year old? Is it fair to expect your 70 year old father to attend all of his grandson’s games in the bitter cold or brutal heat? Not to mention the living and financial arrangements that will have to be sorted out, which is especially important if your parents are on fixed incomes.

Because of the number of remarriages in this country, it’s no longer surprising to learn that a parent has an adult child but who also had a child in recent years with a new spouse. It’s actually common to learn that a husband or wife has a 20 year old and a 4 year old. This might serve as a viable option, but remember that there are often two sides of the family.

Finally, we encourage families to try to separate the finances and the emotions. It’s not unreasonable to name a guardian to oversee the financial aspects of caring for your children while naming another to provide the nurturing care you want for your child.

North Andover Guardianship Legal Advice and Guidance

While all of this is a bit overwhelming, it highlights how important it really is to not underestimate estate planning at any age. If you’re considering these life decisions, we invite you to contact our office to learn more about establishing guardianships for your children as part of your overall estate plan.

  • Author
  • Recent Posts
Daniel DeBruyckere
Daniel DeBruyckere
Attorney Daniel A. DeBruyckere has been practicing law in New Hampshire and Massachusetts since 1998, and has helped hundreds of clients with their estate planning and elder care issues. He is very well respected in the area of estate planning, probate, trust administration, elder law issues, and business planning.
Daniel DeBruyckere
Latest posts by Daniel DeBruyckere (see all)
  • Do I Need an Attorney to Administer a Trust? - January 26, 2023
  • How Using a Trust Can Protect a Valuable Inheritance - January 24, 2023
  • What Seniors Need to Know to Protect Assets - January 19, 2023

Other Articles You May Find Useful

AdobeStock 9752682 150x150
Do You Have an Advance Directive?
North Andover trust attorneys
Can a Living Trust Protect Against Incapacity?
Durable power of attorney
When Is a Durable Power of Attorney the Best Option?
Worried 150x150
Should You Take the Test for Early Onset Alzheimer’s?
DeBruyckere Law Offices, PC | Estate Planning & Medicaid Attorneys
How Life Insurance Helps with a Terminal Illness

Download our free Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram

Blog Subscribe

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Testimonials

DeBruyckere Law Offices, PC footer

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram
footer-logo

© 2023 DeBruyckere Law Offices
All Right Reseved.

Attorney Advertisement

© 2023 American Academy of Estate Planning Attorneys, Inc.