Nominating a Guardian for Minor Children

If you have minor children, you should always name a guardian for them in your will. You should also name an alternate guardian in case your first choice is unable to serve for any reason.

Guardians are responsible for a child's health, education, and other daily needs. They are also responsible for managing a child's property unless a testamentary trust or other trust has been created for the child.

If one parent dies, the surviving parent usually remains responsible for the children. However, complications arise if both parents die simultaneously or if one parent remarries. Unless you name guardians for your minor children in your will, the court decides who will be given custody after your death.

Guardianship provisions are even useful if parents are divorced and one parent survives the testator. The will and guardianship provisions can set out the custodial parent’s reasons for not wanting the other parent to be the guardian. Although courts are not required to follow the testator’s wishes, the test that the court will follow will be the “best interest of the child.”