Guardianship – Naming Legal Guardians for Minor Children

If something happens to you, what will happen to your children? Who will provide for them? Who will care for them? Who will raise them?

Most parents have not named legal guardians for their minor children or children who have special needs. If you have not made plans for your children and something happens to you, then it will be up to a judge to decide what happens to your children. Will they go to grand-parents? Family members? Friends? Will your children be caught in a court battle as interested parties contend for custody rights of your children?

You can name guardians for your minor children, should something happen to you, in your estate plan. Guardianship for minor or disabled children is often named in your will but can be named in a separate guardianship document. Make sure that the people you select as guardians are informed of the fact that they will take custody and of you children if something happens to you.

If you and your spouse cannot agree on who should be the guardians of your children, we have guides and suggestions to help you decide.