Checks and balances for guardian of a minor

[Jumaduke]

What is the name of your state? Florida

My husband and I have two minor children. We are currently drafting up our wills. The guardian and the executor we have chosen are two separate people. The guardian has agreed to raise our girls following our personal beliefs but is not adept at handling money; the executor is excellent at managing money but holds a different belief system than we do for raising the girls.

We are discussing what might happen if one agrees to a course of action and the other does not. Who gets to determine what decision is followed?

Can we build a clause into the will that designates a third person to be mediator if something like this occurs, and that the third person's decision is final and binding? The mediator is neither willing to be guardian for the girls (health reasons) nor manage the estate (not comfortable with finances), but is someone we implicitly trust to make sound decisions for the girls.What is the name of your state?

 

[BlondiePB]

My husband and I have two minor children. We are currently drafting up our wills. The guardian and the executor we have chosen are two separate people. The guardian has agreed to raise our girls following our personal beliefs but is not adept at handling money; the executor is excellent at managing money but holds a different belief system than we do for raising the girls.

Sorry, but you can't will away children. A judge will make the final decision of who will be the children's guardian, regardless of what you have in your wills.

We are discussing what might happen if one agrees to a course of action and the other does not. Who gets to determine what decision is followed?

Whoever has the legal authority granted by the court.

Can we build a clause into the will that designates a third person to be mediator if something like this occurs, and that the third person's decision is final and binding? The mediator is neither willing to be guardian for the girls (health reasons) nor manage the estate (not comfortable with finances), but is someone we implicitly trust to make sound decisions for the girls.

See above answer.

 

[Jumaduke]

Sorry, but you can't will away children. A judge will make the final decision of who will be the children's guardian, regardless of what you have in your wills.

Then what's the point of drawing up a will, if not to provide for guardianship of my girls?

 

[BlondiePB]

Sorry, but you can't will away children. A judge will make the final decision of who will be the children's guardian, regardless of what you have in your wills.

Then what's the point of drawing up a will, if not to provide for guardianship of my girls?

You can NOMINATE a person to be a guardian. However, the judge makes the FINAL decision, regardless of whom you nominate. One MUST qualify & be eligible to be a guardian.

While all this is taking place, the state can have custody of your children. That's why in one of your other threads, I stated to have an attorney draft a "Standby Guardian". The children will be with the Standby Guardian until the court makes the decision on who is to be the permanent guardian.

 

[Jumaduke]

I'm wondering if I could nominate one of my guardians (a married couple) as the Standby Guardian, then. She's currently a guardian-ad-litem for the juvenile court system in her county.

 

[BlondiePB]

I'm wondering if I could nominate one of my guardians (a married couple) as the Standby Guardian, then. She's currently a guardian-ad-litem for the juvenile court system in her county.

Jumaduke, Standby Guardian is totally different than nominating a guardian in one's will. You NEED an attorney for this document.