How can you ensure your children are cared for after you pass away?

In Indiana, a parent can make a designation of standby guardian and name someone who they want to serve as their child’s caretaker. See Indiana Code 29-3-3-7. Usually, the parent makes this designation as part of their estate planning process. Depending on the wording of the document, the designation will become effective after the parent dies or becomes incapacitated.

            But, simply making the designation is not enough. The designated guardian needs to file a petition for guardianship within 90 days after the designation becomes effective, i.e. the parent passes away. 

After the petition is filed, it is up to the court to determine whether the designated person is an appropriate guardian for the children. That said, the court usually abides by the designation of the parent, unless there is good cause not to allow the designated person to serve as a guardian. See Indiana Code 29-3-5-4, -5. An example of good cause is if the designated person has a serious health condition or demonstrated abusive behavior, such that the court does not think they can properly care for the children.

            Additionally, the parent may have conditions by which the designated guardian can serve, such as having the guardian move to a certain school district. Given all this, having a thoughtful and well-worded designation of standby guardian is an important part of estate planning for anyone with children.