Guide: What is a Legal Guardian?

As a parent, one of the most crucial decisions you'll make is choosing a legal guardian for your child. This guide will help you understand what a legal guardian is and how to select one wisely.

What is a Legal Guardian?

A legal guardian is an adult who has the legal authority to care for a minor if both parents pass away. They're responsible for the child's well-being, much like a parent would be. However, the child is considered their ward, not their own child.

Guardian Responsibilities

Legal guardians typically handle:

Providing food and shelter
Ensuring proper education
Supplying clothing
Managing medical and dental care
Safeguarding physical and emotional well-being

While guardians often support their wards financially, they may not control the child's assets. That role might belong to a conservator.

Steps to Choose a Guardian

Talk with your co-parent: If you're not the sole parent, discuss and agree on potential guardians with your child's other parent. This ensures you're both on the same page and prevents potential conflicts or confusion in the future. It's especially important in blended families where step-parents may be involved.
Have a conversation with potential guardians: Keep in mind that guardians are not obligated to serve, even if named in your will. It's crucial to choose someone you trust and have an open discussion with them. Ensure they're willing and able to take on this responsibility. This talk lets you share your expectations and allows potential guardians to voice any concerns.
Pick backup options: Name at least one alternative guardian in case your first choice can't serve. Life circumstances can change unexpectedly, so having backups ensures your wishes are still carried out if your primary choice becomes unavailable. Consider choosing guardians from different age groups or family branches to cover various scenarios.
Document your choice: Include your guardian nominations in your will. This makes your wishes legally binding and clear to all parties involved. Consider using online will-making tools or consulting with an estate planning attorney to ensure your guardian nominations are properly documented.
Review periodically: Update your will as needed to reflect any changes in your preferences or circumstances. Life events such as births, deaths, marriages, or divorces in your family or your chosen guardian's family might affect your decision. Aim to review your will every few years or after any significant life changes.

Who Can Be a Guardian?

Potential guardians should be:

At least 18 years old
Competent to care for a child
A legal U.S. resident or citizen

Courts will evaluate nominees based on factors like their relationship with the child, maturity, financial stability, and values.

Factors to Consider When Choosing

When selecting a guardian, think about:

Where they live
Their health and age
Their character and principles
Parenting style compatibility
Family situation and financial security
Money management skills
Organizational abilities
Most importantly, their love for your children and ability to provide a safe, nurturing environment

What If You Don't Choose a Guardian?

If you don't name a guardian in your will and both parents pass away, the court will decide who cares for your child. They might choose a family member or, if no suitable guardian is found, your child could enter the foster care system.

Protect Your Children's Future

By naming a guardian in your will, you're taking a crucial step to ensure your children's well-being, even if you're not there to care for them yourself. It's a challenging decision, but one that provides peace of mind and security for your family's future.

Disclaimer: Estate planning may implicate both state and federal laws, and estate planning needs will differ based on personal circumstance and applicable law. We are not a law firm and our services are not substitutes for an attorney’s advice. The information here is provided for educational purposes only and is not intended to provide, and should not be construed as providing legal or tax advice. This information is general in nature and is not intended to serve as the primary or sole basis for investment or tax-planning decisions.