Legal Guardian

A Legal Guardian is an adult appointed to care for your child if you and the child’s other parent both die before your child reaches adulthood.  While the thought of that is scary, the idea that the courts will choose a guardian for your child can be even more scary.  Unless you specifically name a guardian in your will, anyone can step forward and ask for the job, and a judge will decide who wins custody.

If you and your spouse or partner has separate wills, you should name the same person as the guardian of your child to avoid conflicts.  Many parents also name an alternate guardian in case their first choice is unwilling or unable to accept the responsibility.

The person you select as guardian may have a huge task ahead.  She would have to meet your child’s emotional and physical needs and raise your child to be a competent and fulfilled adult.  Take the time to document your hopes and expectations for raising your child in a letter and attach it to your will.  Considerations in choosing a guardian include the education you have in mind for your child and what religious beliefs and values you think are important.