Guardianship: Naming Someone to Care for Minor Children
Reviewed by Everendium Editorial Team · Last reviewed August 18, 2026
Quick answer
Naming a guardian in your will designates who would raise your minor children if both parents die or become unable to care for them — without this, a court decides, without the benefit of knowing your specific wishes. This is one of the most important reasons for parents of minor children to have a will, regardless of the size of their estate.
For parents of minor children, this may be the single most important reason to have a will — regardless of how large or small your estate is.
Why this matters so much
Without a named guardian, a court decides who raises your children if something happens to both parents — without the benefit of knowing your actual wishes, relationships, or values. This can also take longer to resolve and potentially create conflict among family members who disagree about who’s best suited for the role.
How to think through the decision
Consider:
- Who shares your values and parenting approach
- Who has the practical capacity — time, stability, existing family situation — to take this on
- Whether keeping siblings together with one guardian matters to your family, versus naming different guardians for different children
- Their own health and age, and whether a backup guardian makes sense in case circumstances change
Always name a backup
Naming at least one alternate guardian is generally recommended, in case your first choice becomes unable or unwilling to serve when the time actually comes.
Ask before you name someone
This is a significant responsibility. Confirming your chosen guardian is genuinely willing and able to take this on — before formalizing it in your will — helps avoid serious complications or conflict later.
This belongs in your will
Guardianship designation is typically formalized as part of your will — see our guide on wills, trusts, and power of attorney for the broader context of how this fits into your overall estate planning.
This is general educational information, not legal advice. Rules and processes vary by state — an estate attorney can help formalize this designation properly.
Frequently asked questions
What happens if I don't name a guardian?+
A court will decide who raises your children, without the benefit of knowing your actual wishes — this can also take longer and potentially create conflict among family members who disagree about who should take on the role.
Can I name different guardians for different children?+
Generally, yes, though many parents prefer naming the same guardian for all children to keep siblings together — this is a personal decision based on your family's specific circumstances.
Should I name a backup guardian in case my first choice can't serve?+
Yes — naming at least one alternate guardian is generally recommended in case your first choice becomes unable or unwilling to serve when the time comes.
Do I need to ask the person before naming them?+
Yes, strongly recommended — confirming that your chosen guardian is willing and able to take on this responsibility before formalizing it avoids potentially serious complications later.
Sources
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