Selecting guardian for minors

A.  Selecting the Guardian
     How do the child and proposed guardian (and guardian's children) get along)? (May be appropriate to ask the child).
     Characteristics: Age, health, education, religion, lifestyle, moral values, emotional stability, financial security, stability of marriage, views on discipline.
B.    Compensation the Guardian
     Will there be a disparity in financial resources? consider provision to equalize with guardian's children to avoid resentment: Private school, automobile, vacation, camps, gifts.
     Where will child live?  Guardian's home or your  home? Compensate guardian for room addition, utilities, mortgage, repairs, household help? Will child have to move to a new neighborhood and new school?
     Will guardian be compensated? How much?
C. Consult with Guardian.
     Are they willing to serve? If you anticipate a contest, would they be willing to go to court and fight for custody? Who will pay their attorney's fees and costs if they lose?
D. Multiple children. 
     Will the guardian be willing to raise several children? How many? Would children need to be split up?
E.  Alternative guardians.
     If guardians get divorced, become disabled or die, which one continues as guardian? single parent acceptable? Designate alternate guardian under what circumstances?
F.   Child's Selection.
     Under Hawaii law a child aged 13 can select his own guardian subject to court approval.
G. Court has final say.
     Hawaii law provides that a guardian nominated in a Will has priority but appointment is subject to court determination of "best interests" of child. If you anticipate a contest then refer in Will to separate Affidavit and spell out your reasons for your selection in detail on the Affidavit.

 

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