How to Name a Guardian in Your Will for Your Children

You must consider who would care for your children if anything were to happen to you. In your will, name a guardian.

Perhaps the most important piece of mind that parents with small children can have is knowing who would care for their children if anything happens to them. Including a guardian in your entire will, also known as a final will and testament, helps guarantee that your preferred guardian is assigned.

Until the kid reaches the age of 18, a guardian is legally responsible for his or her physical care, health, education, and welfare. This includes meeting fundamental requirements such as food, clothes, housing, health care selections, and educational options. The guardian is not responsible for meeting the financial requirements of the kid with his or her own money. Those arrangements are often handled by a trustee using funds granted by the estate of the dead parent or parents. The guardian receives no compensation for his or her services.

If your child’s other parent survives you, that parent usually takes over guardianship without any further special measures. However, you must plan for the potential that the other parent may be unable to serve as your child’s natural guardian. Before naming someone in your will, you should ask the individual or people whether they are willing to be your child’s guardian. A guardian is not required by law to serve, and an alternative option is advised in the event that your initial choice rejects or is unable to serve.

The guardian you pick should have strong parenting abilities and beliefs that are comparable to your own. Family members or close friends are excellent choices. In most circumstances, co-guardianship is permissible.

Your selection as a guardian is only a suggestion to the court. However, state laws prioritize your proposal. Unless sufficient evidence is produced against your decision, the court will uphold it. Some jurisdictions allow a minor kid, usually one who is 14 years old or older, to participate in the decision-making process.