Nominating guardians for minor children

If you have minor children, naming a guardian in your will is one of the most meaningful things you can do. A guardian nomination tells a court who you want to raise your children if both parents are gone.

What is a guardian nomination?

A guardian nomination is a written statement in your will expressing your preference for who should care for your minor children. It is not legally binding — a court makes the final decision — but courts give strong weight to the expressed wishes of a deceased parent, especially when both parents have nominated the same person.

Who can be nominated?

Any competent adult can be nominated as a guardian. Common choices include:

• Siblings
• Parents (grandparents)
• Close friends with similar values and parenting styles
• Other trusted family members

The person does not have to be related to you. You can name different guardians for different children if circumstances call for it, though courts tend to prefer keeping siblings together.

Guardian of the person vs. guardian of the estate

There are two distinct roles:

• Guardian of the person — handles day-to-day care: where the child lives, schooling, medical decisions
• Guardian of the estate (conservator) — manages assets belonging to the child

You can name the same person for both or different people for each. For most families the same person handles both, but if your estate is large and complex it can make sense to separate the roles.

What to tell your nominee

Always speak with your nominees before naming them. Explain your wishes, your values, and your expectations. Make sure they understand what the role involves and that they are willing to serve. An unwilling guardian can disclaim the appointment, forcing the court to look elsewhere.

What happens if no guardian is named?

If both parents die without naming a guardian, the court will appoint one based on the best interests of the child. This process can be contentious if multiple family members seek guardianship. Your nomination is the clearest way to make your wishes known and reduce family conflict at an already difficult time.

Priority order

Trustwise lets you name nominees in priority order. If your first-choice guardian is unable or unwilling to serve, your second-choice nominee steps in, and so on.

Updating your nomination

Guardian nominations should be reviewed whenever your family circumstances change — a divorce, a death in the family, or a change in your relationship with the nominee. Trustwise makes it straightforward to update your will and re-download a fresh document.