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How to Choose a Legal Guardian for Your Child
- Sabine Franco
- 5 days ago
- 3 min read
Let’s talk about something uncomfortable—but necessary: how to choose a legal guardian for your child in case something unexpected happens to you.
I know, it’s not easy to think about. But as a parent and estate planning attorney, I’ve seen firsthand what can happen when families don’t have a clear plan. Legal battles, confusion, temporary placement with strangers—even foster care—are real risks when guardianship isn’t handled correctly. And the truth is, naming someone in your will alone doesn’t always cut it.
You deserve peace of mind knowing your children will always be raised with love, care, and your values—even if life throws the unthinkable your way. That’s why I want to walk you through the 10 biggest mistakes I see parents make when choosing guardians, and how to avoid them with proper legacy planning.
1. Thinking a Will Is Enough
Your will only takes effect after you pass away. It doesn’t protect your kids if you’re just injured or temporarily unable to care for them. You need a separate, legally binding guardianship plan that kicks in right away.
2. Only Planning for the Long-Term
Who will care for your kids immediately if something happens today? If you haven’t named short-term guardians, your children could be placed in protective custody—even if it’s just overnight.
3. Not Naming a Guardian at All
Yes, it happens more often than you'd think. And when it does, the decision goes to the courts—often without knowing your wishes. That can mean your child ends up with someone you would never choose.
4. Skipping Backup Guardians
Life changes. People move, relationships shift, health declines. Always name at least two backups in case your first choice isn’t available.
5. Choosing Based on Money
Financial security is important—but it shouldn’t be the only consideration. You can separate the money piece (with a trustee or financial guardian) from the day-to-day parenting role. What really matters? Their values, parenting style, and relationship with your child.
6. Confusing Godparents with Legal Guardians
Being a godparent doesn’t automatically give someone legal rights. Verbal agreements aren’t enforceable. You need formal, legal documentation for your guardianship choices to stand up in court.
7. Ignoring Financial and Medical Authority
Who will make healthcare or financial decisions for your child? A solid plan includes powers of attorney and access to medical records—not just physical custody.
8. Not Giving Clear Instructions
What are your values? What kind of education, discipline, or religious upbringing do you want your child to have? These details matter. Put them in writing so your guardian has a clear roadmap.
9. Letting Your Plan Get Outdated
Life changes fast—divorce, death, relocations. Review your plan every couple of years or after any major life event to make sure it's still a good fit.
10. Naming a Couple Without a Plan B
If the couple you chose breaks up down the road, what happens? Make sure you’ve outlined what should happen in that case—will one stay as guardian, or would you prefer someone else?
FAQs: What Parents Are Asking
1. What's the difference between a godparent and a legal guardian?
A godparent is a religious or ceremonial role, not legally binding. A legal guardian must be named in a formal document that complies with your state’s laws.
2. Can I name different people to handle money and parenting?
Yes! You can (and often should) appoint a financial guardian or trustee separate from the person raising your kids.
3. Do I need a lawyer to name a guardian for my child?
Legally, you can write your own documents—but they may not hold up in court. Working with a lawyer ensures your guardianship choices are recognized and enforced when it matters most.
This article is a service of The Ambitious Legacy Firm. We do not just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Legacy Planning Session, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by using the link below to schedule a call with our Client Services Director, who will be able to guide you on scheduling your Legacy Planning Session.
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