How Do I Name a Guardian for My Minor Children in Kentucky?
See how a parent names a guardian for their minor children in Kentucky, what weight the court gives your choice, and your options for temporary care.
Frequently Asked Questions
In Kentucky, a parent names a guardian for a minor child in a will (KRS 387.040; KRS 387.032 (court considers nominee, best-interest standard)). It needs your signature. You can record it alongside the rest of your estate plan when you create a revocable living trust.
When a parent has named a guardian, the nomination is one factor the court weighs in deciding the child's best interest (KRS 387.040; KRS 387.032 (court considers nominee, best-interest standard)).
No. In Kentucky, a guardian is named in your will or the guardianship petition, not a standalone declaration.
Yes. Kentucky allows a Power of Attorney for Temporary Delegation of Parental or Legal Custody and Care (KRS 403.352; KRS 403.353 (statutory form); KRS Chapter 403A (active duty)): any adult can be authorized for a limited time (up to 1 year) without transferring custody.
In Kentucky, a child 14 or older may choose their guardian, subject to the court's approval (KRS 387.050).
Kentucky uses a best-interest and suitability standard rather than a fixed list — the court can decline anyone it finds unsuitable to serve. (KRS 387.025; KRS 387.032 (best-interest/suitability standard))
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