Naming someone in your Will to Care for Your Minor Children

Like you, I have chil­dren under the age of 18.  You prob­a­bly con­cerned with what would hap­pen if you and your spouse die at the same time. What would hap­pen to your chil­dren if there is a ter­ri­ble car acci­dent? If you are a sin­gle par­ent and the other par­ent is dead or can­not be found, you may also worry about what would hap­pen to you chil­dren if you were to die.

If you die intes­tate, or with­out a will, the court will appoint a \“per­sonal guardian\” if there are no par­ents who can be respon­si­ble for your children\‘s care. If you have a will, you can appoint a per­son be your child\‘s per­sonal guardian and also a suc­ces­sor guardian who would be respon­si­ble as a backup guardian.

The court has final author­ity to appoint a legal guardian for your chil­dren even if you name a guardian in your will. Gen­er­ally, the  court will con­sent to your wishes if it is not opposed by any­one unless there are rea­sons to do so.  For exam­ple, if the guardian you appoint is a reg­is­tered child offender or a drug addict.

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