Naming a guardian for your children is how you tell a court who you want to raise them if you cannot. It is usually done in a will (and, in Texas, can also be done in a separate written declaration), and it works best alongside a plan for who will manage any money your children inherit.

What does it mean to name a guardian for your child?

Naming a guardian means choosing, in writing, the adult you want to care for your minor child if no parent is able to. A “guardian of the person” makes day-to-day decisions about where the child lives, schooling, and medical care. Courts give a parent’s written choice significant weight, though a judge still makes sure the appointment serves the child’s best interests.

Keep in mind that a nomination usually matters only when no parent with legal rights is available. If a child’s other legal parent is living and able to care for the child, that parent generally has priority, whatever a will says.

Who manages the money a child inherits?

A different role often handles money. Children generally cannot own and manage significant assets on their own, so someone must be responsible for any inheritance, life insurance, or other property left to them. There are a few common ways to handle this:

• Guardian of the property (or “of the estate”). A court-appointed person manages the child’s assets, often with court oversight, bonds, and periodic reports.

• A trust for your children. A trustee you choose manages the money under your written instructions and can hold it past age 18, for example until a child reaches 25 or 30.

• A UTMA custodian. Under each jurisdiction’s Uniform Transfers to Minors Act, a custodian manages property for a child until a set age, generally 21 in Maryland and Texas, and generally 18 in D.C. unless the transfer specifies 21.

Many parents prefer a trust because it avoids ongoing court supervision and lets them decide when and how children receive money. Some choose one person to raise the children and another to handle finances, which can add a helpful check. For more on how trusts fit into a plan, see: Will vs. Living Trust: Which One Makes Sense for Your Family?

How do I choose a guardian for my child?

Start with who would provide the most stable, loving home, then weigh practical factors. Many parents consider:

• The person’s values, parenting approach, and relationship with your child

• Age, health, and energy for the years ahead

• Where they live, and whether your child would need to change schools or communities

• Their own household and family responsibilities

• Whether they are willing to serve (ask before you name them)

Money should not be the deciding factor. If you plan to leave assets in trust or buy life insurance, a loving guardian with modest means can still provide well for your child.

Should I name a backup guardian?

Yes. Naming at least one alternate (a “successor” guardian) protects your children if your first choice cannot serve because of illness, a move, a divorce, or a change of heart. Without a backup, a court may have to choose someone without guidance from you.

If you name a couple, think through what happens if they separate or one of them dies. You can name one person individually, or state your wishes for either scenario.

What happens if I don’t name a guardian?

If no parent is available and you have not named anyone, a court appoints a guardian, often after hearing from relatives or others who ask to serve. The process can take time, can lead to disagreements among family members, and may produce a result you would not have chosen.

A written nomination does not remove the court from the process entirely, but it gives the judge clear evidence of your wishes and can make the transition faster and calmer for your children.

What can I use to name a guardian in Maryland, D.C., and Texas?

All three jurisdictions let a parent name a guardian in a will, and each offers a way to plan for a parent’s incapacity during life.

Maryland

A surviving parent may appoint one or more guardians and successor guardians of the person of an unmarried minor by will, unless an agreement or court order prohibits it (Md. Code, Est. & Trusts § 13-701).

Maryland also offers “standby guardianship,” which lets a parent name someone in writing to step in if the parent becomes mentally incapacitated, physically debilitated, or subject to an adverse immigration action (Est. & Trusts §§ 13-901 to 13-908). The standby guardian can be given authority over the child’s person, property, or both. According to the Maryland People’s Law Library, the standby guardian’s authority ends after 180 days unless a petition is filed with the court. Maryland courts also generally consider the preference of a child who is 14 or older.

Washington, D.C.

D.C. allows a parent, when the other parent has died, to appoint a guardian of the person by will (D.C. Code § 21-102).

D.C. also has a standby guardianship law. A custodial parent can name a standby guardian and an alternate who would take over after a triggering event, which includes an adverse immigration action or, for a parent diagnosed with a chronic illness, becoming debilitated or incapacitated or dying (D.C. Code § 16-4802). After a triggering event, the standby guardian must petition the court no later than 90 days afterward (§ 16-4805).

Texas

Texas gives parents an extra option. In addition to a will, a parent can name a guardian in a separate written declaration (Tex. Estates Code ch. 1104, subchapter D). The declaration must be signed and either written entirely in the parent’s handwriting or witnessed by two credible witnesses who are at least 14 and not named as guardians, and it can include a self-proving affidavit (§ 1104.152).

The statutory form lets a parent name a guardian of the person and a guardian of the estate, plus several alternates. A court generally appoints the person the surviving parent designated unless that person is disqualified, has died, refuses to serve, or would not serve the child’s best interests (§ 1104.053).

Do I need a new nomination if my family changes?

Often, yes. A divorce, a new child, a move, or a change in the chosen guardian’s circumstances are all good reasons to revisit your choice. For more, see: 5 Life Events That Mean It’s Time to Update Your Estate Plan.

Frequently asked questions

Can single parents name a guardian?

Yes. Any parent can nominate a guardian. If the child’s other legal parent is living and has parental rights, that parent generally has priority, but a nomination still guides the court if the other parent cannot or does not serve.

Can I name a guardian who lives in another state?

Generally yes. Courts can appoint an out-of-state guardian, though moving a child can raise practical and procedural questions. It helps to explain your reasons in your planning documents.

Can I say who I do not want as guardian?

In many cases you can express that wish in writing, and some states have specific rules for doing so. A judge still decides based on the child’s best interests, so it can help to state your reasons in a calm, factual way.

Is a letter or note enough to name a guardian?

Usually not. Informal notes may not meet legal requirements. A properly signed will, or in Texas a properly executed declaration, gives your wishes much more weight.

Talk it through with us

Choosing who would raise your children is one of the most personal decisions a parent makes. We can help you put that choice in writing, plan for the money side, and fit it into a broader plan, often remotely. Guardianship designations are included in our Legacy package; learn more on our Estate Planning page.

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This article is general information, not legal advice. Reading it does not create an attorney-client relationship.