The New Parent Guardianship Kit

What’s inside the guide

• How to name a guardian for your minor children in a document courts will actually honor
• Why the guardian nomination has to live in the right document, and what goes wrong when it doesn’t
• What happens to your kids if you never name a guardian and a judge has to decide instead
• Why this fix is a single signature, not a multi-week project, and how to actually get it done
• How to think through who to name, so the choice is yours instead of the court’s

What happens if I don’t name a guardian for my kids?

If something happens to both parents and no guardian has been named, a court decides who raises your children. The judge makes that call based on the child’s best interest as the court sees it, not on what you would have wanted. Relatives can petition for the role, and if more than one wants it, your kids can end up at the center of a court dispute while the decision gets sorted out. Naming a guardian yourself keeps that choice with you instead of a judge.

Where do I actually name a guardian, a will or something else?

A guardian nomination for minor children is typically written into a will, not a trust. A living trust controls property; it does not appoint who raises your children. That means even a couple whose overall plan is trust-based still needs a will for this one purpose, and that document has to exist and stay current as your family changes.

Can I name a backup guardian in case my first choice can’t serve?

Yes, and most parents do. Naming a first choice and at least one backup accounts for the years between when you sign the document and whenever it might actually be needed, during which people’s circumstances change. A backup means one person’s inability or unwillingness to serve does not send the decision back to a judge by default.

For the will that carries this nomination and the rest of your documents, see our wills attorney page.