Guardianship Planning

If you have children under 18, naming a guardian is the single most important thing you can do as a parent. It’s also one of the simplest.

The conversation no parent wants to have, but every parent should

No one likes to think about what would happen if they weren’t here for their children. But as a parent, it’s your responsibility to make sure someone you trust, someone who shares your values, understands your family, and genuinely loves your kids, would step in.

Without a legally documented guardian designation, a judge makes that decision. The court will consider what’s in the “best interest of the child,” but the judge has never met your children, doesn’t know your family dynamics, and may choose someone you never would have selected.

Family members can petition the court, which can lead to contested hearings. While the adults argue, your children are caught in the middle, uncertain, stressed, and potentially placed in temporary foster care until a decision is made.

All of this can be prevented by including a guardian designation in your will. It takes minutes to document, and it gives you the peace of mind that your children will be cared for by the person you chose.

How to choose a guardian

There’s no formula for this. It’s a deeply personal decision. But here are the questions Sandra walks families through:

Does this person share your values and parenting philosophy?

Do they have a stable home environment and the capacity to take on your children?

Do they live in a location where your children could attend good schools and maintain friendships?

Are they physically and emotionally healthy enough to raise children?

Would your children feel comfortable and loved in their home?

Are they willing to serve? (This conversation is essential, never assume.)

Do you have a backup guardian in case your first choice can't serve?

Protecting your children financially

Naming a guardian handles the “who.” But you also need to think about the “how,” specifically how will your children be financially supported?

Many parents set up a trust that holds assets for their minor children. The trust names a trustee, which can be the guardian or a separate person, who manages the funds and makes distributions for the children’s education, health, and living expenses.

Life insurance is often the simplest way to fund this protection. A term life insurance policy can provide the financial resources your children need without burdening their guardian with the cost of raising additional children.

Sandra helps families coordinate all of these pieces, including guardian designation, a children’s trust, and life insurance, into one simple plan that works together.

Common questions

If both parents pass away without naming a guardian, a judge will decide who raises your children. The court does its best, but the judge doesn't know your family, your values, or your preferences. Family members may disagree and contest the decision, which can drag out for months while your children wait in limbo.

Yes, though courts generally prefer to keep siblings together. In some cases, like when there's a large age gap or special needs involved, naming different guardians for different children makes sense. Sandra can help you think through the options.

That's exactly why you should name backup guardians. Sandra always recommends naming at least one alternate guardian in case your first choice is unable or unwilling to serve.

Not necessarily. You can name a separate person to manage the financial side, called a 'guardian of the estate,' or you can use a trust to manage assets on your children's behalf. Sandra helps you set this up so the guardian can focus on raising your kids, and a trustee manages the finances.

Your children are counting on you.

Naming a guardian is one of the most loving things you can do as a parent. Schedule a free call with Sandra to get started.