What Should LGBTQ+ Parents Consider When Naming Guardians for Minor Children?

As a parent, few decisions are more important than choosing someone to care for your child if you're no longer able to. For LGBTQ+ parents, however, the stakes can often feel even higher.

Located in Boca Raton, Florida, Eric H. Light, P.A. understands that family structures might not always be legally straightforward. With over 20 years of experience serving same-sex couples, Attorney Light is committed to helping LGBTQ+ parents protect their children's future by guiding them on how to name guardians who reflect their values, relationships, and intentions.

Confirm Legal Parental Rights

Before naming a guardian in an LGBTQ+ estate plan, parents should take a look at their own legal relationship to their child. In some families, both parents may not be legally recognized, even if both play an equal role in raising the child.

For example, if you and your partner aren't married, or if one of you adopted the child before your relationship began, only one of you may be the legal parent. In Florida, legal parental rights significantly affect who can make decisions and who has a say in guardianship. If both parents haven't secured those rights, it's worth pursuing second-parent or stepparent adoption before drafting guardianship plans.

Identify the Right Guardian

When thinking about guardianship, love alone often isn't enough. Instead, it's important to think practically and long-term. The person you choose needs to be willing and able to raise your child with the same care and intention you would have provided. Some questions you can ask to help identify potential guardians include the following:

• Does this person have a meaningful relationship with your child?

• Are they emotionally, physically, and financially capable of caring for a child?

• Do they share your parenting values and beliefs?

• Will they respect and support your family identity?

LGBTQ+ parents should also consider whether their chosen guardian is likely to be accepted by extended family members. If disputes arise after death, courts tend to look more favorably on decisions that are well-reasoned and well-documented.

Talk About the Responsibilities Involved

No one wants to surprise a loved one with the responsibility of raising a child. Once you have someone in mind, sit down and have an honest conversation about what guardianship would mean. Talk about your child's routines, medical needs, emotional habits, and educational goals.

These conversations can help identify whether the person you choose feels prepared to step into the role. Even someone who's loving and trustworthy may not be in a position to take on the daily demands of parenting. It's also important to consider backup options. Life changes, and the person you name today may not be able to serve later. Consider naming alternate guardians in your will, just in case.

Clarify the Guardian's Role and Authority

When LGBTQ+ parents name a guardian, it's important to include more than just a name in a will. Work with an experienced attorney who can help you draft clear documentation that outline your wishes, including any letters explaining why you made certain decisions. Florida courts give great weight to documented intentions, but they also look at what’s in the best interest of the child as well as the following addressed things like:

• The relationship between my child and the potential guardian

• Any history of caregiving, shared experiences, or emotional bonds

• My guardian's understanding of and support for LGBTQ+ families

If there's any chance a relative could challenge the guardian's role, these explanations can provide helpful context for the court.

Consider the Guardian's Location and Stability

Moving is difficult for any child, especially after the loss of a parent. Make it a priority to choose someone who lives nearby and who's likely to remain in the same area for the foreseeable future. Location also matters when it comes to schooling, friendships, and continuity of care. While it's not always possible to avoid relocation, it is essential to minimize disruption and maximize stability in your child's life. A stable environment is more likely to give your child a sense of safety and continuity.

Understand Cultural and Identity Considerations

For LGBTQ+ parents, family structure is often a source of deep pride and identity. Commonly, LGBTQ+ parents also want a guardian who would talk openly about their family, celebrate their differences, and raise their child with inclusion at the core.

This also means considering how your chosen guardian would address topics such as gender identity, race, religion, and cultural background. Would they affirm your child's sense of self? Would they protect your child from bias or judgment?

Think About Financial Provisions Separately

Guardianship doesn't automatically give someone control over your child's inheritance or other financial matters. Therefore, it's important to establish structures to manage these considerations. For example, you can name a separate trustee to handle financial decisions, including money left for your child's education and care.

This arrangement enables your chosen guardian to focus on parenting, while the trustee manages the finances. Consider choosing someone with a background in budgeting and organization, and someone who you know would act responsibly.

Make It Legal and Keep It Updated

Once you make a guardianship decision, work with an experienced attorney to document everything in your will and supporting documents. In Florida, informal agreements or verbal conversations won’t carry legal weight. Your will must be written, signed, and witnessed according to state law.

It's also important to note that estate planning isn't a one-time event. As your child gets older and your relationships evolve, consider revisiting your estate plan every few years. If your guardian moves, gets married, or experiences life changes, you may need to update your documents.

LGBTQ+ parents often have to be especially proactive. Florida courts don't always interpret nontraditional families as intended, which is why clarity and consistency are so important.

Talk With Your Child When the Time Is Right

Depending on your child’s age and emotional maturity, it might be appropriate to have a conversation about your guardianship plans. Engaging in age-appropriate discussions with your child can help you explain who would care for them if something were to happen to you. While these conversations may not be easy, they can provide reassurance.

Knowing that there's a plan in place can reduce anxiety for both you and your child. It also gives your child a chance to express any feelings or preferences about the people involved. If your child has a strong bond with the potential guardian, it helps reinforce the idea that they’ll still be surrounded by love and familiarity, even during difficult transitions.

Start Your Plan With Eric H. Light, P.A.

Establishing guardianship provisions in your estate plan is an essential step in providing for your children if something were to happen to you. However, guardianship allocations can often be challenging for LGBTQ+ parents. If you are considering naming a guardian in your will, consult an experienced estate planning attorney for personalized guidance and advice.

With over 20 years of experience, Eric H. Light, P.A. helps LGBTQ+ parents in Florida create guardianship plans that reflect their lives and protect what matters most. If you're ready to create or update your plan, reach out today to schedule a consultation. Located in Boca Raton, Florida, the firm serves clients throughout the surrounding areas.