How Do I Name a Guardian for My Minor Children in New York?
See how a parent names a guardian for their minor children in New York, what weight the court gives your choice, and your options for temporary care.
Frequently Asked Questions
In New York, a parent names a guardian for a minor child in a will or a separate signed writing (N.Y. Dom. Rel. Law § 81; N.Y. SCPA §§ 1707, 1710). It needs your signature and 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 nomination is one factor the court weighs in deciding the child's best interest (N.Y. Dom. Rel. Law § 81; N.Y. SCPA §§ 1707, 1710).
No. In New York, a guardian is named in your will or the guardianship petition, not a standalone declaration.
Yes. New York allows a Designation of Person in Parental Relation (N.Y. Gen. Oblig. Law §§ 5-1551, 5-1552): any adult can be authorized for a limited time (up to 1 year) without transferring custody.
In New York, the court weighs the preference of a child 14 or older (N.Y. SCPA §§ 1703, 1707).
New York uses a best-interest and suitability standard rather than a fixed list — the court can decline anyone it finds unsuitable to serve. (N.Y. SCPA § 1707)
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New York Estate Planning Resources
In-depth guides covering New York probate laws, trust requirements, and estate planning strategies.
