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How to Choose a Guardian for Your Minor Children

15, May 2025

If you’re navigating guardianship in Melbourne, FL, here’s what you need to know to make the best decision for your family at Lemieux & Jacoby Elder Law Advocate. One of the most important—and often overlooked—steps in estate planning is choosing a guardian for your minor children.

1. Understand What a Legal Guardian Does

A legal guardian is someone appointed to care for your minor children if both parents pass away or become incapacitated. This person assumes full responsibility for your child’s well-being, including:

Providing food, shelter, and clothing

Making decisions about education and healthcare

Offering emotional support and guidance

Managing any assets or inheritance your child may receive

Choosing the right guardian can give you peace of mind knowing your children will be raised according to your values and lifestyle.

2. Consider Values and Parenting Style

The ideal guardian should share your parenting philosophy, religious beliefs, and moral values. Think about how they discipline, educate, and guide their own children. Would they raise your children in a way that aligns with your wishes?

3. Evaluate Practical Factors

While love and values matter, logistics play a crucial role. Ask yourself:

Do they live nearby, or would your children need to relocate?

Are they financially stable and emotionally prepared?

Do they have a good relationship with your children already?

Are they healthy and at an age where they can take on the responsibility?

Practicality ensures stability during what would be a difficult transition for your kids.

4. Have a Conversation with the Prospective Guardian About Your Decision

Never assume someone is willing to take on this responsibility. Have an honest conversation with the person (or couple) you have in mind. Share your expectations, discuss your wishes, and give them the opportunity to ask questions and express any concerns.

5. Make It Legal

Once you’ve made your choice, it’s time to put it in writing. Work with an attorney experienced in guardianship in Melbourne, FL to update your will or create the appropriate legal documentation. Without formal designation, the court will decide who cares for your children—potentially someone you wouldn’t have chosen.

6. Review and Update Regularly

Life changes—so should your plan. Revisit your guardianship decision every few years or after major life events (marriage, divorce, a death in the family, or a relocation). Ensuring your plan stays up to date keeps your children protected at all times.

Why Choose Lemieux & Jacoby Elder Law Advocates?

At Lemieux & Jacoby Elder Law Advocates, we don’t just focus on the legal paperwork—we help families plan with heart. Our experienced team offers personalized guidance for guardianship in Melbourne, FL, so you can feel confident knowing your children’s futures are secure.

We believe estate planning is about more than documents; it's about protecting what matters most—your family.

Let’s Start the Conversation

If you haven’t chosen a guardian yet, or need to update your current plan, we’re here to help. Contact Lemieux & Jacoby Elder Law Advocates today at 321-723-8388 or visit our website lemieuxjacoby.com to schedule a consultation.


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