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))

Kentucky Estate Planning Resources

In-depth guides covering Kentucky probate laws, trust requirements, and estate planning strategies.