A guardian of the person has the duty to provide your children with food, clothing, medical care, and shelter. To fulfill these duties, he or she has the authority to make parental-type decisions for your children, such as determining where they will live and go to school and what type of health care and medical treatments they will receive.

Basically, your children’s guardian will step into your shoes. He or she will be the parent and be responsible for all the things you now do to raise them like:

  • Routine tasks like preparing meals, driving carpool, and helping with homework.
  • Setting limits and imposing discipline.
  • Providing love, comfort, emotional support, and moral guidance.
  • Making sure their personal needs are met, like food, clothing, and a safe nurturing home environment

If you and your spouse should both die or become incapacitated and unable to carry out the duties of parents, then the State of New Jersey will come in and provide it. You would have no control over who fills the role of parent to your children and how they would be raised. You don't want that to happen!

So What Should I Do?

I recommend that everyone have an estate plan that names a guardian for minor children. If you want more information about them, what documents are included, and things you need to think about to prepare them, then I recommend that you download my free book, A Guide to Creating Your Estate Plan. It will get you a long way towards achieving that goal.

But if you live in Burlington, Camden, Gloucester, Salem, or Cumberland counties, have decided that you need to put together an estate plan, and are ready to move forward to create one, then just click here to schedule a free, no obligation phone call to discuss it.

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Steven J. Richardson
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Bankruptcy, Collections, Student Loan, DUI and Traffic Court attorney in Woodbury, NJ.