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  1. #1
    Join Date
    May 2008
    Posts
    1

    Default Appointing A Guardian Prior To Unanticipated Death Of Current Legal Guardian

    My question involves guardianship in the State of: GA
    I was granted full legal and physical custody of my children. My ex has not exercised his visitation rights in the 3 years since the divorce.

    In the unanticipated event of my death, I wish to establish a trust that will be funded upon my death for the benefit of the children. Can I appoint a guardian? I heard that my ex could come and fight for the children and likely win guardianship and take the money intended for my children.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    85,301

    Default Re: Appointing A Guardian Prior To Unanticipated Death Of Current Legal Guardian

    You can create a trust for the benefit of your children, designate your own trustee (and successor trustee) to manage the money, and keep it out of your ex's hands. You should also make sure that any life insurance is directed into your trust, as if you leave your life insurance directly to your children your ex may become the conservator of the proceeds.

    You can't appoint somebody to take custody of your children, although you can express a preference of physical custodian and explain why you prefer that your ex not care for your children. That's not binding on a court, but it increases the chances that a court will learn about and potentially act upon your concerns.

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