Why Naming a Guardian Matters
As a parent, one of the most important decisions you'll make in your estate plan is naming a guardian for your minor children. If something happens to you and your spouse, a guardian will be responsible for raising your children, making decisions about their education, healthcare, and daily lives.
Without a designated guardian in your will, a court will decide who raises your children—and that person may not be who you would have chosen. Don't leave this critical decision to chance.
Types of Guardianship
Understanding the different roles in protecting your children
Guardian of the Person
This guardian has physical custody of your children and makes day-to-day decisions about their care, including where they live, what school they attend, and what medical care they receive.
Guardian of the Estate
This guardian manages any assets your children inherit until they reach adulthood. They're responsible for investing funds, paying for expenses, and accounting to the court for all transactions.
Trustee
Instead of a guardian of the estate, you can name a trustee to manage your children's inheritance through a trust. This offers more flexibility and avoids ongoing court supervision.
You can name the same person for all roles, or different people based on their strengths and your children's needs.
How to Choose the Right Guardian
Selecting a guardian is a deeply personal decision. Consider these factors when making your choice:
- Values and parenting style: Do they share your beliefs and approach to raising children?
- Relationship with your children: Do your children know and trust this person?
- Age and health: Will they be physically able to raise your children?
- Location: Would your children need to move? How would that affect them?
- Financial stability: Can they provide a stable home environment?
- Willingness: Have they agreed to take on this responsibility?
How Guardianship Works
Understanding the process gives you peace of mind
1. Naming a Guardian in Your Will
The first step is designating your preferred guardian in your Last Will and Testament. You should also name alternate guardians in case your first choice is unable or unwilling to serve.
2. Court Appointment
After your death, the court must formally appoint the guardian. While the court gives significant weight to your wishes, it will always consider the child's best interests before making a final decision.
3. Letters of Guardianship
Once appointed, the guardian receives Letters of Guardianship, which provide legal authority to make decisions on behalf of your children and access necessary resources.
4. Ongoing Responsibilities
The guardian will care for your children until they reach age 18. Depending on your estate plan, they may also report to the court about the children's well-being and financial matters.
Protecting Your Children's Inheritance
Beyond naming a guardian, you need to consider how your children will receive their inheritance. Without proper planning, they could receive everything at age 18—often before they're mature enough to manage significant assets.
We recommend establishing a trust that:
- Holds assets until children reach a more mature age
- Provides for education, healthcare, and living expenses
- Distributes assets in stages (e.g., 1/3 at 25, 1/3 at 30, remainder at 35)
- Protects assets from creditors and poor decisions
Common Questions About Guardianship
What if the other parent is still living?
Generally, the surviving parent will have custody. Your guardian designation applies if both parents pass away or if the surviving parent is unfit or unable to care for the children.
Can I name different guardians for different children?
Yes, though courts generally prefer to keep siblings together. If you have specific reasons for different guardians (such as a child with special needs), we can help structure your plan appropriately.
Can I exclude someone from being guardian?
Yes, you can explicitly state who you do not want to serve as guardian. While the court makes the final decision, your documented wishes carry significant weight.
How often should I review my guardian choice?
Review your choice whenever circumstances change—moves, divorces, health issues, or changes in your relationship with the designated guardian. At minimum, review every few years.