Frequently asked questions
What will I get out of this process?
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Once you complete the questionnaire and submit payment, you’ll immediately receive legally valid documents designating a guardian for your children. You’ll then need to print your documents and sign in front of two witnesses, who will also need to sign confirming that they saw you sign.
What is the difference between a guardianship designation form and a will?
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A guardianship designation form is a legal document that specifically designates who will assume guardianship of minor children in the event of the parents' death or incapacitation. It's a more straightforward and focused document compared to a will, as its primary purpose is to ensure the welfare and care of minors. A will is a legal document that outlines how a person's assets and estate will be distributed after their death. While a will commonly includes provisions for guardianship of minor children, it encompasses broader instructions regarding the distribution of property, the appointment of executors, and other matters related to the deceased individual's estate.
What makes Trustie different?
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Traditionally, guardianship designation for minor children was primarily done through the process of creating a will. However, with Trustie, it's now possible to designate a guardian without necessarily going through the entire process of creating a will, providing a simpler and more accessible alternative, which many states now permit. We're here to help you get started in your estate planning journey, starting with what we know many parents are most concerned with: designating a guardian for their kids.
Is the platform accessible in my state?
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Our platform is currently available for residents of Massachusetts, Connecticut, Texas, California, Illinois, Florida, Washington, Maine, and Colorado. We're diligently expanding our services to additional states. Keep an eye out for updates as we grow to provide estate planning solutions to more families.
Can I appoint a guardian online?
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Yes! You can appoint a designated guardian through Trustie with just a few clicks. The process takes about 5 minutes and is simple and easy to navigate.
Is an online guardianship appointment legally binding?
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Yes, it is. Trustie's guardianship designation process has been reviewed and approved by attorneys. To ensure that your documents are legally binding, print and sign them according to your state's execution requirements (in front of 2 witnesses and/or with notarization). You can find more detailed guidance in our Trustie Resource Center.
How will you use my data?
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We will never share your data with any other parties. We collect data to improve your customer experience and keep you informed on everything from Trustie updates to parenting advice.
Do I need a will and estate plan when I designate a guardian?
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Trustie allows parents to designate a guardian independently of a full estate plan or will, providing a simplified solution to ensure their children's protection. While guardianship designation is typically done through creating a will, this process can feel overwhelming. Trustie carves out this critical decision as a standalone document, enabling parents to complete it quickly, easily, and affordably when they need it most.
What do I do with my documents once I receive them?
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Make multiple copies of the completed and notarized guardianship documents. Keep the originals in a secure location, and distribute copies to your designated guardian, close family members, and possibly your child's school or healthcare provider.Inform the designated guardian about their role and responsibilities. Discuss your preferences regarding your child's upbringing, education, medical care, and other relevant details.
What is a guardian?
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A guardian is someone you legally designate to take care of your children if you cannot do so yourself due to death or any other circumstance that prevents you from parenting. The guardian will provide day-to-day care, make decisions about education and healthcare, and meet the children's needs.
How do I choose a guardian?
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Choosing a guardian for children is a personal decision that should be based on who you trust to raise your children in a way that aligns with your values and the children's best interests. Consider the potential guardian's lifestyle, location, family dynamics, and willingness to take on the responsibility. It's also wise to have open and honest discussions with those you are considering, ensuring they are prepared and willing to accept the role.
Should I choose friends or family as a guardian?
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That's a common question and something many parents struggle with. When deciding between friends and family, consider factors such as values and beliefs, parenting style, stability, willingness and capability, geographic location, and more. Spend time thinking about each option and choose the party that best aligns with you on these factors.
Do Godparents, Grandparents, or Aunts and Uncles automatically assume legal guardianship?
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These individuals play a vital role in children's lives as family members, offering support, guidance, and love. However, they do not automatically become appointed legal guardians after a tragedy. Legal guardianship requires a formal designation or court appointment.
Can I name more than one guardian?
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Yes, you can name multiple guardians, such as a couple. However, it's essential to consider how this could play out in practice. For example, if the couple were to separate or divorce, you should stipulate who continues as the guardian or if another individual should take over the responsibility.
What happens if I don't designate a guardian?
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If you do not designate a guardian and the situation arises where one is needed, the court will appoint someone to take on the role. This person may not be who you would have chosen, and the process can be lengthy and stressful, involving court delays or disputes among family members. It's best to make the decision yourself to avoid these complications.
Can a guardianship decision be changed?
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Absolutely. Life circumstances change, and you may need to update your decision as time goes on. Reviewing your guardian designation periodically and making any necessary changes is essential. A parent can do this with Trustie, free of charge. Just go to your account and restart the questionnaire, amending the guardianship document to reflect your current wishes.
Do I need to submit my documents anywhere after I complete them?
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No, your guardianship designation documents do not need to be submitted to the government or to court after you complete them. Just make sure to save your documents in a secure location in your home, and give copies to the guardian, your childcare provider, or emergency contact.