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

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

Frequently Asked Questions

In Minnesota, a parent names a guardian for a minor child in a will or a separate signed writing (Minn. Stat. §§ 524.5-202, 524.5-204; execution per § 145C.03). It needs your signature and 2 witnesses or a notary. 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 (Minn. Stat. §§ 524.5-202, 524.5-204; execution per § 145C.03).

Yes. Minnesota 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. Minnesota allows a Delegation of powers by parent (power of attorney) (Minn. Stat. § 524.5-211): any adult can be authorized for a limited time (up to 1 year) without transferring custody.

In Minnesota, the court weighs the preference of a child 14 or older (Minn. Stat. § 524.5-203).

Minnesota uses a best-interest and suitability standard rather than a fixed list — the court can decline anyone it finds unsuitable to serve. (Minn. Stat. § 524.5-204 (best-interest standard))

Minnesota Estate Planning Resources

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