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

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

Frequently Asked Questions

In Rhode Island, a parent names a guardian for a minor child in a will (R.I. Gen. Laws §§ 33-15.1-7, 33-15.1-4, 33-15.1-8; will execution § 33-5-5). 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 (R.I. Gen. Laws §§ 33-15.1-7, 33-15.1-4, 33-15.1-8; will execution § 33-5-5).

No. In Rhode Island, a guardian is named in your will or the guardianship petition, not a standalone declaration.

No. Rhode Island has no non-court document for delegating a parent's authority over a minor; a court guardianship is the route.

In Rhode Island, a child 14 or older may choose their guardian, subject to the court's approval (R.I. Gen. Laws §§ 33-15.1-5, 33-15.1-6).

Rhode Island uses a best-interest and suitability standard rather than a fixed list — the court can decline anyone it finds unsuitable to serve. (R.I. Gen. Laws §§ 33-15.1-8, 33-15.1-4, 33-15.1-37)

Rhode Island Estate Planning Resources

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