If you have minor children, one of the most important decisions in your estate plan is who would care for them if you were gone. A will allows you to name the person you want to serve as guardian. If both parents die, or if no surviving parent is able to care for the children, a court will typically consider that nomination when deciding who should take on that role.
How the guardian nomination process works
A parent can generally nominate a guardian for a minor child in a valid will. If the court appoints that person, the guardian may care for the child’s daily needs, education and overall well-being.
After a parent’s death, the court may review the nomination as part of the guardianship process. A judge will usually consider the parent’s wishes, the child’s best interests and the proposed guardian’s ability to provide proper care. The court may choose a different person if that would better serve the child.
Choosing the right guardian
Choose someone who is willing and able to take on the responsibility. Consider the person’s age, health, relationship with your children and ability to provide a stable home. You may also want to think about whether your children would need to change schools or leave familiar surroundings.
Talk with the person before naming them in your will. Make sure they understand your wishes and are willing to serve. It is also advised to name an alternate guardian in case your first choice cannot serve.
Planning for your children’s finances
A guardian and a financial decision-maker are not always the same person. One person may care for your children, while another may manage money or property left for them. A trust can help set out how and when your children receive inherited assets.
Putting your wishes in a valid will
Work with an attorney to prepare a will that meets your state’s requirements. Clearly name your proposed guardian and alternate guardian. Review your estate plan after major life changes, such as marriage, divorce, a new child or a change in your chosen guardian.
Naming a guardian in your will gives the court clear guidance about whom you trust to care for your children. It does not guarantee the result, but it can help make your wishes known.
