Michael Jackson's choice of guardian criticized: How to select a guardian for your children

July 12, 11:00 PMWest LA Early Childhood ExaminerShazneen Gandhi

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Katherine Jackson has been appointed guardian for Paris and Michael Jackson's two other children. (AP Photo/Mario Anzuoni, Pool).

Michael Jackson's public funeral had not even ended before a commentator began to criticize his choice of a guardian for his children.  Jackson named his mother Katherine Jackson to be the guardian of his three children - Prince Michael Joseph Jr. 12, Paris Michael Katherine, 11, and Prince "Blanket" Michael II, 7, - and in the event she could not comply with his wishes, his choice for a back up was Diana Ross.

Both women may be past the point in their lives when they thought they would be primary caregivers for young children:  Mrs. Jackson is 79 and Ms. Ross is 65.  Even more objectionable than their age for some commentators is the alleged fact that "Grandma Jackson watched her own children being abused at the hand of her husband,” as one Fox News commentator put it. 

If you are considering appointing a guardian for your children, what do you consider in selecting your appointee? 

The first things that come to mind involve appointing someone who shares your own values and moral beliefs; perhaps, someone who practices the same religion you do; definitely, someone you are close to and whom you trust.  

For many parents, the first choice, like Jackson's, is their own mother.  After all, there is no one who makes our children feel as special as grandma does.  And we know grandmas always want to do right by their grandchildren.  But there may be reasons why grandma may not be the best choice.  For one thing, she herself may not be up to the challenge of coping with a toddler on a 24/7 schedule.

So, here are a few things to think about and do when you're in the process of selecting a guardian:

Age and Health

In most states, you are required to appoint a person who is an adult in order for the appointment to be upheld in court.  Beyond that, especially if your children are still babies or toddlers, consider whether the guardian will capable of handling the physical effort required to raise young children.  However, if the person you feel is best suited for the job is older that you, do not let that deter you.  Create your will naming them as guardian, but just evaluate your decision regularly every few years to ensure that your choice remains a good reason despite their age.

Relationship of the guardian to your children

Do your children have a close relationship to the prospective guardian?  Have you seen them interact with him and provided opportunity for their relationship to grow?  Should the unthinkable happen, and the need for a guardian arises, it will help your children to cope if they are to live with someone they feel close to.

If you are concerned that other family members may not agree with your choice, communicate it and explain it to them.  Or if you plan to keep information regarding guardianship only between yourself and your guardian, leave a written explanation that can be opened after your death.  This may assist in reducing tensions with the familial detractors and allow for a smoother transition for your children.

Certainly, discuss your choices with your children if they are old enough to understand the subject matter.  For very young children, it may simply be best to assist them in forming a bond with the guardian.

Finances

Children are also costly.  Will the person you select be able to handle the financial strain of adding your children to their family?  This is a particularly important consideration if you are not able to leave your children much of a financial inheritance.

Financial Responsibility

If you are leaving funds for your children's welfare, is your appointee someone who is responsible enough with money to manage the inheritance well on behalf of your children?

Some parents name one person to be the personal guardian of their children and a different person to look after financial matters. Often this is because the person who would be the best guardian would not be the best person to handle the money.

Similarly, if you would like one person, but not their spouse to be a guardian, you can name the individual only as the guardian.

Unanimous Parental Decision

Have both parents selected the same guardian for their children, even if their wills are separate?  A guardian is usually appointed in the event that the child loses both parents.  If both parents have appointed a different person to be guardian in their respective wills, there could be a court fight while your child is still a minor. A judge would appoint a guardian based on the evidence of what is in the best interests of your child.  Providing a written explanation for your choice may be important if you think a judge may have reason to question your choice of guardian.

Out-of-state Guardian

You can appoint a guardian who lives outside your state.  But they may not be in the state when you pass away.  Therefore, it may be helpful to appoint a temporary in-state guardian, who can care for the children until your out-of-state guardian arrives.  For more information on the repercussions of appointing an out-of-state guardian, click here.

For more information, on this subject, www.nolo.com is a good resource.