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

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

Frequently Asked Questions

In Massachusetts, a parent names a guardian for a minor child in a will or a separate signed writing (M.G.L. ch. 190B §§ 5-202, 5-203, 5-204, 5-207). It needs your signature and 2 witnesses. 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 court appoints the guardian the parent named unless it finds that person unsuitable (M.G.L. ch. 190B §§ 5-202, 5-203, 5-204, 5-207).

Yes. Massachusetts 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. Massachusetts allows a Delegation of Powers by Parent or Guardian (temporary agent) (M.G.L. ch. 190B § 5-103): any adult can be authorized for a limited time (up to 2 months) without transferring custody.

In Massachusetts, a child 14 or older may choose their guardian, subject to the court's approval (M.G.L. ch. 190B §§ 5-203, 5-207(a)).

Massachusetts uses a best-interest and suitability standard rather than a fixed list — the court can decline anyone it finds unsuitable to serve. (M.G.L. ch. 190B §§ 5-204(a), 5-207(a))

Massachusetts Estate Planning Resources

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