A Guide to Choosing Guardians for Your Minor Children

Family-Legacy-MinorChildren

Parenthood is an incredible journey filled with joy, love, and responsibility. As parents, our primary concern is always the well-being of our children. While we hope to be there for every milestone, it's crucial to plan for the unexpected. One vital aspect of this planning is selecting guardians for your minor children in the event that you are unable to care for them. This decision is not to be taken lightly, and thoughtful consideration is essential to ensure your children's safety, happiness, and overall well-being.

  1. Identify Potential Guardians:

The first step in the process is identifying potential guardians. Think about close family members, friends, or individuals who share your values and parenting philosophy. Consider their ability to provide emotional support, stability, and a nurturing environment for your children. – Keep in mind that these names can be changed at any time.  Michelle’s rule of thumb is look at this as if you die in the next 6 months (this never happens, but it puts thoughts into perspective).  Choose who would be best NOW, update as life changes

2. Legal Considerations:

Consult with a legal professional (ideally us) to understand the legal aspects of guardianship. Draft a will and quite possibly a Trust that clearly outlines your choice of guardianship, ensuring that your wishes are legally binding. In your will, you can also specify any financial arrangements you'd like to make for your children's care.

3. Financial Planning:

Raising children comes with significant financial responsibilities. Discuss financial matters with potential guardians and make provisions for the financial support of your children. Consider setting up a trust or other financial instruments to ensure that there are resources available for their education, healthcare, and general well-being.  We also will want to discuss when and how to distribute assets to the kiddo’s.  Remember they become adults at 18 and if you don’t delay their right to their inheritance, they would get the assets then.  We all know what we were like at 18 – should they really get their inheritance then?  Talk with us, we have great options

4. Educational and Religious Values:

If you have specific educational or religious values that are important to you, discuss these with potential guardians. Ensure that they are willing and able to support and continue these aspects of your child's upbringing.

5. Healthcare Decisions:

Outline your expectations regarding healthcare decisions for your children. Provide clear instructions on medical care, vaccinations, and any special health needs your child may have. Share this information with potential guardians and ensure that they are comfortable with these responsibilities.

6. Communication with Children:

Children may find the transition to a new living arrangement challenging. Discuss your choice of guardianship with your children in an age-appropriate manner. Address any concerns they may have and reassure them that the chosen guardians will provide the love and care they need.

7. Regular Reviews:

Life circumstances change, and so might your preferences for guardianship. Regularly review and update your wills/trusts to ensure that your choice of guardians remains relevant. Stay in communication with potential guardians and ensure they are still willing and able to take on the responsibility.

8. Emergency Information:

Compile a detailed document containing essential information about your children, including medical records, allergies, and contact information for doctors. Share this document with potential guardians and keep a copy in a safe and easily accessible place.


Choosing guardians for your minor children is a significant decision that requires careful thought and planning. By addressing legal, financial, and emotional aspects, you can ensure a smooth transition for your children in the event that you are unable to care for them. Keep the lines of communication open, regularly review your choices, and rest assured that you are taking proactive steps to secure a bright and stable future for your loved ones.

Finally, if you read our article about emergency planning a couple weeks ago, we are now offering “Emergency Contact” laminated cards for $10 a person.  These can be invaluable for our young ones to carry in their back-packs if they get off on the wrong bus stop, or get a flat tire while riding their bike to the park.  They are also helpful for the rest of us in case of an emergency where we are unable to talk to medical personnel.  Reach out to the attorney you’ve worked with at our office with your requests, or if you haven’t worked with any of us, shoot an email to Julie, our client specialist at
Julie.mglaw@gmail.com with your request.

As always, for now we can help our clients who live in (or who are visiting) California, Colorado, or Florida.  And who knows, we may add more attorneys and state coverage down the road. 
Safeguarding Your Family’s Future!

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