Choosing a legal guardian is the most important estate planning decision for parents of minor children. A guardian is the person who will raise your child if both parents die or become permanently incapacitated.
4 steps across 1 sections
1. Legal Considerations
- Court must approve Even a guardian named in a will must be approved by the court. The court considers the best interests of the child.
- Temporary guardianship Consider who would care for your child in the immediate aftermath (before the will is processed). Some states allow you to designate a temporary/standby guardian.
- Guardianship vs. adoption A guardian has legal custody but the child retains their birth parents' surname and legal identity. Adoption transfers full parental rights and may change the child's legal name.
- Grandparents While a natural choice, consider their age and health. Will they be physically capable of raising a toddler through adolescence?
Common Mistakes
- Not choosing anyone
- Defaulting to grandparents without considering age/health
- Not asking the person first
- Choosing based on obligation rather than suitability
- Not naming alternates
Pro Tips
- Have the guardian conversation during pregnancy or shortly after birth — do n...
- Consider how siblings will be handled
- Fund the guardianship: purchase enough life insurance to cover the full cost ...
- Write your letter of intent even if it is not legally binding — it provides i...
- If choosing a couple as co-guardians, address what happens if they divorce
Sources
- FindLaw -- Ten Things to Think About: Choosing a Guardian for Your Child
- Legacy Tax Law -- Choosing a Guardian for Your Children: 12 Key Factors
- FreeWill -- What Is a Legal Guardian and How to Choose One
- Perennial Estate Planning -- 12 Factors to Consider When Selecting a Guardian
- Angermeier & Rogers -- 5 Common Mistakes When Choosing a Guardian
- WillMaker -- How to Choose a Legal Guardian for Your Children