The death of both parents is a terrible and scary future that some children must face. It also raises various legal questions regarding who has the right to raise the child. Since both parents are deceased, there is no issue of legal custody. Rather, the child is given to a guardian, a legally assigned caretaker who may or may not be related to the child. The child is then raised under this guardianship until they turn 18 or are otherwise legally emancipated.

Parents do have a great degree of control over the guardianship process, and this is where hiring a Portland estate planning attorney becomes important. Parents may specify a legal guardian in their wills. The court will strongly consider the parents' wishes as written in their wills when making a guardianship decision. This does not guarantee the guardian will be named. The court must still consider that person fit to be a parent, and the person must still be willing to assume the duties of guardianship. Naming a person in your will can still go a long way to ensuring your children remain with the guardian you would most likely choose if you could. It is also a good idea to name a secondary candidate in case the first cannot or will not agree to assume guardianship.

If the parents have separate wills, it is a good idea to ensure they nominate the same people for guardianship. If the wills disagree, then the judge will make the final determination.

Selecting a proper guardian may not be an easy choice, and it is a very personal one. There are many factors to consider, including the age and health of those you would choose. Parents and grandparents are often strong candidates, but as they get older, they may become less able. It is possible to work with a Portland wills attorney to specify an age range for candidates. This allows grandparents to take the children up to a certain age and also name younger guardians after that age without the need to change or update the will later.

Organizing a will to properly name a guardian can be confusing. It is a good idea to have professional assistance when creating a will so you can be assured it does what you intend it to do. Kali Yost at Kali Yost Law is an experienced estate planning attorney in Portland to help with your estate planning needs.