How Do I Name a Guardian for My Minor Children in New Jersey?
See how a parent names a guardian for their minor children in New Jersey, what weight the court gives your choice, and your options for temporary care.
Frequently Asked Questions
In New Jersey, a parent names a guardian for a minor child in a will (N.J.S.A. 3B:3-1; 3B:12-13, 3B:12-14, 3B:12-15, 3B:12-17, 3B:12-18). 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 nomination is one factor the court weighs in deciding the child's best interest (N.J.S.A. 3B:3-1; 3B:12-13, 3B:12-14, 3B:12-15, 3B:12-17, 3B:12-18).
No. In New Jersey, a guardian is named in your will or the guardianship petition, not a standalone declaration.
Yes. New Jersey allows a Delegation of Parental Powers by Power of Attorney (N.J.S.A. 3B:12-39 (as amended by P.L.2021, c.192, s.1; P.L.2023, c.177, s.15)): any adult can be authorized for a limited time (up to 1 year) without transferring custody.
In New Jersey, a child's own preference carries no statutory weight (N.J.S.A. 3B:12-17 (best-interest inquiry; no minor-preference age)).
New Jersey uses a best-interest and suitability standard rather than a fixed list — the court can decline anyone it finds unsuitable to serve. (N.J.S.A. 3B:12-17; 3B:12-21)
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New Jersey Estate Planning Resources
In-depth guides covering New Jersey probate laws, trust requirements, and estate planning strategies.
