How Do I Name a Guardian for My Minor Children?
See how a parent names a guardian for their minor children in your state — the document to use, what weight the court gives your choice, and your options for temporary care without going to court.
In every state a parent names a guardian in their will, and many states also recognize a separate signed declaration. The nomination tells the court who you want to raise your children if you and the other parent cannot. It can be recorded alongside the rest of an estate plan when you create a revocable living trust. Select your state above to see how it is done where you live.
It depends on your state and on whether the nomination is for the child’s person or their property. Some states require the court to appoint your nominee unless they are found unsuitable; others treat the nomination as one strong factor in a best-interest decision. Select your state to see the standard that applies.
Many states recognize a separate signed declaration that names a guardian without a full will, though a will remains the standard place to do it. Select your state to see whether a standalone declaration is recognized where you live.
Most states provide a non-court document, a caregiver authorization, short-term guardianship, or power of attorney for a minor, that gives another adult day-to-day authority for a limited time without transferring custody. The rules, the time limits, and who may be named vary by state. Select your state to see its options.
Is this your situation?
Get a complete guide for your specific circumstances.
New Baby or Adoption
Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.
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Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
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New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
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Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
Learn moreForms for Planning Your Estate
Free forms for planning your estate: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
Name your heirs, guardians, and final wishes. Free for every state.
Transfer on Death Deed
Transfer real property to a beneficiary upon your death without probate. Available in 34 states and the District of Columbia.
Tools for Planning Your Estate
Free tools for planning your estate: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
How Much Does a Will Cost?
Compare will costs across providers plus probate costs your heirs will pay.
Trust or Will: Which Costs Less?
Compare the cost of probate vs a trust for your state and estate value.
What Does Estate Planning Actually Cost?
Compare costs across estate planning providers including online services and attorneys.
How Much Life Insurance Do I Need?
Calculate your life insurance needs based on income, debts, and family situation.
Are My Beneficiary Designations Protected?
Check how divorce, creditors, and state laws affect your beneficiary designations.
How Do I Sign Estate Documents?
Find witness, notary, and remote signing requirements for all 50 states.
