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

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

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Naming a Guardian in Vermont

Where you name one: A will
What it takes to sign: Your signature
Official form: None
Age of majority: 18

What the Court Does With Your Choice

Weight given to your nomination: One factor in the court's best-interest decision
Your child's own preference: Child 14+ may choose

Name a guardian alongside the rest of your plan, and set aside how your children's inheritance is managed until they are grown.

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Temporary Care Without Going to Court

Vermont does not provide a non-court document for delegating a parent's authority over a minor. A court guardianship is the formal route.

Who Cannot Serve as Guardian

Vermont uses a best-interest and suitability standard rather than a fixed list of bars — the court can decline anyone it finds unsuitable to serve.

This guide summarizes state guardian-designation statutes and is not legal advice. Rules vary by state and locality. Consult a licensed attorney for guidance specific to your family's situation.

Frequently Asked Questions

In Vermont, a parent names a guardian for a minor child in a will (14 V.S.A. § 2656). It needs your signature. 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 (14 V.S.A. § 2656).

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

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

In Vermont, a child 14 or older may choose their guardian, subject to the court's approval (14 V.S.A. §§ 2650, 2652).

Vermont uses a best-interest and suitability standard rather than a fixed list — the court can decline anyone it finds unsuitable to serve. (14 V.S.A. §§ 2603, 2627(c))

Naming a Guardian in Vermont

In Vermont, the age of majority is 18. Until a child reaches it, a parent may name a guardian in a will.

When a parent has named a guardian, the nomination is one factor the court weighs in deciding the child's best interest. A backup guardian named in the same document applies if the first choice cannot serve.

Vermont makes the guardian nomination through a will or the guardianship petition rather than a standalone declaration. For short-term needs, Vermont provides no non-court document for delegating a parent's authority over a minor.

A child's own wishes: a child 14 or older may choose their guardian, subject to the court's approval.

A last will is the standard place to name a guardian, and a revocable living trust sets aside how a child's inheritance is managed until they are grown.

SimplyTrust Editorial·Updated July 15, 2026

Legal Sources

Data sourced from Vermont statutes and official state code. How we research.

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