Sept. 21, 2016 – Most people do not have wills. According to a Lawyers.com survey, "Only 35 percent of adult Americans currently have wills."1 Unfortunately, the survey also finds that, "Nearly three-quarters (73 percent) agree that the current economic downturn has made it even more difficult for them to plan for the future."2 Many people also do not know that a will could greatly benefit their loved ones and how little a will could cost.
Some parents are appointed by courts to be guardians after their children become 18 years old because their children have some serious disabilities.
Parents want their children with developmental disabilities or serious and persistent mental illnesses to be taken care of forever. But, parents know they will not live forever. Many parents ask, "If I die, who will take care of my child?"
Judges who decide guardianships will want the best for all children who are in need of guardianships.
How will judges know who should be guardians of the above-described children?
An Important Reason for a Will
In a will, a parent can nominate a guardian for a child who is 18 years old or older and is in need of guardianship by reason of a developmental disability or serious and persistent mental illness.
Section 54.15 (6) of the Wisconsin Statutes provides,
"TESTAMENTARY NOMINATION BY PROPOSED WARD'S PARENTS.
Subject to the rights of a surviving parent, a parent may by will nominate a guardian and successor guardian of the person or estate for any of his or her minor children who is in need of guardianship, unless the court finds that appointment of the guardian or successor guardian is not in the minor's best interests. For an individual who is aged 18 or older and is found to be in need of guardianship by reason of a developmental disability or serious and persistent mental illness, a parent may by will nominate a testamentary guardian. The parent may waive the requirement of a bond for such an estate that is derived through a will." (Emphasis added.)
A parent's nomination of a guardian is usually based on a great amount of love.
Theodore (Ted) D. Kafkas is with the Law Office of Theodore D. Kafkas, Franklin, serving clients statewide in a variety of matters. You can reach him at kafkaslaw@gmail.com.
Parents also usually have known for years the person they want as guardian of their children. Even when a parent feels that all the close relatives and friends would be excellent guardians, a parent often knows who would be their best choice. In addition, before the parent makes the important decision of actually nominating a guardian in a will, the parent usually discusses the matter with the person that they want to nominate.
Therefore, a will could be extremely important for a judge to consider when deciding who should be a guardian.
In addition, a parent's nomination of a guardian for a child in a will could greatly reduce costs, stress, disputes, time, and other factors for the children, families, courts, and government agencies.
Nominating a guardian for a child age 18 or older who is in need of guardianship by reason of a developmental disability or serious and persistent mental illness is one of many important reasons to have a will.
What will your clients do?
