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.
Frequently Asked Questions
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. You can record it alongside the rest of your estate plan when you create a revocable living trust.
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.
