From the Nolo Family Law & Immigration Center
Choosing a Guardian for Your Children
If you have children, you should choose a personal
guardian -- someone to raise them in the unlikely event you can t.
If your children are young, you ve probably thought about who would raise
them if for some reason you and the other parent couldn t. It s not an easy
thing to consider. But you can make some simple arrangements now that will allay
some of your fears, knowing that in the extremely unlikely event you can t raise
your kids, they will be well cared for.
All you need to do is use your will to name the person you want to be the
"personal guardian" of your children if one is ever needed. Then, if a court
ever needs to step in and appoint a guardian, the judge will appoint the person
you nominated in your will -- unless it is not in the best interests of your
children for some reason.
If you don t name a guardian in your will, anyone who is interested can ask
for the position. The judge then must decide, without the benefit of your
opinion, who will do the best job of raising your kids.
Naming a Personal Guardian
You should name one personal guardian (and one alternate, in case your first
choice can t serve) for each of your children.
Legally, you may name more than one guardian, but it s generally not a good
idea because of the possibility that the co-guardians will later disagree. On
the other hand, if you prefer that two people care for your child -- for
example, a stable couple who would act as co-parents -- name both of them, so
that they each have the legal power to make important decisions on behalf of
your child.
Here are some factors to consider when choosing a personal guardian:
- Is the prospective guardian old enough? (You must choose an adult -- 18
years old in most states.)
- Does the prospective guardian have a genuine concern for your children s
welfare?
- Is the prospective guardian physically able to handle the job?
- Does he or she have the time?
- Does he or she have kids of an age close to that of your children?
- Can you provide enough assets to raise the children? If not, can your
prospective guardian afford to bring them up?
- Does the prospective guardian share your moral beliefs?
- Would your children have to move?
If you re having a hard time choosing someone, take some time to talk with
the person you re considering. One or more of your candidates may not be willing
or able to accept the responsibility, or their feelings about acting as guardian
may help you decide.
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