Do It Now: Name a Guardian for Your Minor Children
It’s one of the hardest questions for any parent to face: “Who would take care of my children if something happened to me?” It’s uncomfortable. It’s emotional. But it’s also one of the most important legal decisions you’ll ever make and one that too many families put off until it’s too late. If you have minor children, you need to name a legal guardian in your estate plan today.
Why Naming a Guardian Matters
If you don’t name a guardian in your will, a judge will make that decision for you.
That means the person who raises your children might not be the one you would have chosen.
Courts usually pick someone close to the family — but they can’t read your heart. They don’t know your values, your parenting style, or your child’s emotional needs.
By naming a guardian yourself, you’re protecting your children from unnecessary uncertainty and emotional turmoil.
What a Guardian Does
A guardian is the person who steps into your parental role if you’re gone. They’ll:
Make day-to-day decisions about your child’s care, education, and medical needs.
Provide emotional and financial stability.
Work with your estate’s trustee to manage funds for your child’s benefit.
You can even name different people for different roles — for example, a guardian for personal care and a separate trustee to handle finances.
How to Choose the Right Guardian
This isn’t an easy decision, but here are some key factors to consider:
Shared values and parenting style
– Choose someone whose beliefs and priorities align with yours.Emotional connection
– Ideally, someone your child already knows and trusts.Age and health
– Pick someone who can commit long-term to raising a young child.Location and lifestyle
– Consider whether your child would need to move or change schools.Willingness to serve
– Always talk to your potential guardian first — never surprise them.
If your first choice can’t serve, name backup guardians to ensure continuity.
Where to Name a Guardian
You can name a guardian in your last will or through a separate, standalone guardianship nomination document, depending on your state’s laws.
Your estate planning attorney can make sure it’s legally binding and clearly worded — so there’s no confusion later.
Bonus Tip: Create a “Letter of Intent”
Alongside your will, write a personal letter explaining your wishes for your child’s:
Education and religious upbringing
Hopes and goals for their future
Family traditions or routines you want continued
This isn’t a legal document, but it helps your guardian understand you — not just your plan.
The Peace of Mind You Deserve
It’s easy to avoid this conversation. But doing it now means your children will be protected, loved, and guided by someone you trust — no matter what happens.
You’ve worked hard to provide for them financially.
Now, take this final step to secure their emotional and legal future, too.
Talk to an estate planning attorney today.
Tomorrow isn’t guaranteed — but your child’s security can be.