A good comprehensive estate plan that protects your children will include naming guardians but also providing them with health care powers of attorney over your children in case there is a need for health care immediately. This is often a gap in many plans as there should be 4 core documents used to protect minor children in a good estate plan. As always we want to avoid Probate with our other affairs.

 

Pour Over Wills can designate the Guardian of any minor child.However, it is a good idea to also have a “stand-alone” Nomination of Guardian along with a Power of Attorney and a Health Care Power of Attorney for any minor child). Also included are the separate documents setting forth your wishes for the guardian of any minor child. Although there is no statutory authority, the Power of Attorney and a Health Care Power for minors will help cover the situations where neither of you are available.

 

You must have these in place just in case and don't let random acts of fate dictate the outcome for your children.