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6 mistakes to avoid when naming legal guardians for minor children

Updated: Mar 28, 2023


Naming legal guardians for your minor children is a critical part of estate planning, as it ensures that your children will be taken care of and protected in the event of your incapacity or death.


However, the process of naming guardians can be complex and challenging, and it's easy to make mistakes that could have serious consequences for your children and your estate. Here are six common mistakes to avoid when naming legal guardians for your minor children:

1. Failing to name a guardian at all


One of the biggest mistakes you can make when it comes to estate planning is failing to name a legal guardian for your minor children. If you don't name a guardian, the court will step in and make the decision for you, which may not align with your wishes or the best interests of your children. By taking the time to name a guardian, you can ensure that your children will be cared for by someone you trust and who shares your values and priorities.

2. Naming only one guardian


Another common mistake is naming only one guardian, without considering the possibility that your first choice may not be able to serve. Your first-choice guardian could pass away, become incapacitated, or become unable or unwilling to serve. By naming a backup guardian, you can ensure that your children will be protected even if your first choice is unable to serve.

3. Naming someone who is not legally qualified to serve as a guardian


In some cases, people may name a guardian who is not legally qualified to serve in that role. For example, they may name someone who is underage or has a criminal record. It's important to thoroughly research and consider the legal qualifications of any potential guardian before naming them in your estate plan.

4. Naming someone who is not emotionally or financially prepared to serve as a guardian


Another mistake is to name a guardian who is not emotionally or financially prepared to take on the responsibilities of caring for a child. Being a guardian is a big responsibility, and it can be emotionally and financially draining. Make sure that your potential guardian is prepared and willing to take on this responsibility, and that they have the resources and support they need to provide for your children.

5. Naming guardians without considering their relationship with your children


It's also important to consider the relationship between your potential guardians and your children. If your potential guardian has a strained relationship with your children, they may not be the best choice to serve as their guardian. Instead, consider someone who has a strong, positive relationship with your children and who they are comfortable with.

6. Neglecting to update your estate plan


Finally, it's important to regularly review and update your estate plan, including your guardian designation. Life events, such as the birth of new children, changes in family relationships, or changes in the health or financial status of potential guardians, can all impact the suitability of your chosen guardians. Regularly updating your estate plan ensures that your guardianship designations are always current and aligned with your wishes. Naming legal guardians for your minor children is an important part of estate planning, but it's also a complex and challenging process. By avoiding these six common mistakes, you can ensure that your children will be protected and well-cared for in the event of your incapacity or death. At Family Help Center, we can help you develop a plan that meets your needs and protects your children and your estate.




This article is a service of Family Help Center. We ensure you make informed and empowered decisions about your family. That's why we offer a free limited consultation, during which we will work with you to analyze the best strategy for your case. You can begin by calling our office today to schedule a consultation and finding out how we can help you reduce conflict for your family.

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