The short answer
You name a guardian for your minor children in your will. A will is the only estate-planning document that can do this. The nomination tells the court who you want to raise your children if both parents are gone, and courts give that choice significant weight. First-time parents will find more in our estate planning guide for new parents.
How the nomination works
Your will includes a guardian-nomination clause naming the person (or couple) you want to raise your minor children, plus at least one successor in case your first choice can't serve. A court still formally appoints the guardian, but it starts from your nomination and generally follows it unless there's a compelling reason not to. The clause sits alongside the other provisions covered in our walkthrough of a will, and nomination rules vary, so check your state's requirements.
A guardian of the person (who raises the child) can be different from the person who manages the child's inheritance. Many parents pair a guardian nomination with a revocable living trust so money is managed by someone financially responsible.
How to choose
- Shared values and parenting style
- Stability — emotional, financial, and geographic
- Age and health (will they be able to serve for the whole period?)
- Existing relationship with your children
- Willingness — always ask before naming someone
Don't leave it to a court
If you die without naming a guardian, the court decides based on its own assessment, and family members may disagree — sometimes bitterly — about who should raise your children. Naming a guardian in your will replaces that uncertainty with your own considered choice. The rest of what a court decides in that situation is covered in what happens if you die without a will, and you can start a will that names a guardian in one sitting.