How Do I Name a Guardian for My Minor Children in Maine?

See how a parent names a guardian for their minor children in Maine, what weight the court gives your choice, and your options for temporary care.

Frequently Asked Questions

In Maine, a parent names a guardian for a minor child in a will or a separate signed writing (Me. Rev. Stat. tit. 18-C, §§ 5-202, 5-203, 5-204). 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 parent's nominee has appointment priority, but the court can still decline them on a best-interest finding (Me. Rev. Stat. tit. 18-C, §§ 5-202, 5-203, 5-204).

Yes. Maine recognizes a separate signed declaration naming a guardian, so you do not need a full will. A will remains the standard place to do it.

Yes. Maine allows a Delegation of Powers by Parent (Power of Attorney for Temporary Care of a Minor) (Me. Rev. Stat. tit. 18-C, § 5-127; execution per § 5-905): any adult can be authorized for a limited time (up to 1 year) without transferring custody.

In Maine, a child 14 or older may choose their guardian, subject to the court's approval (Me. Rev. Stat. tit. 18-C, §§ 5-203, 5-205; § 5-204).

Maine uses a best-interest and suitability standard rather than a fixed list — the court can decline anyone it finds unsuitable to serve. (Me. Rev. Stat. tit. 18-C, § 5-204(1)–(2))

Maine Estate Planning Resources

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