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What Are Some Things to Consider When Choosing a Guardian?

One of the most important reasons for creating a last will and testament is to ensure your minor children are taken care of after your death. You can do so by appointing a legal guardian in your free online will from With our free will forms, you have the option of appointing a legal guardian for your minor children if both parents die simultaneously. If you do not appoint a guardian, the court decides who will be granted custody of any minor children. However, if only one parent dies, state laws dictate that the children’s other parent automatically becomes the guardian.

A guardian is the person nominated to have custody of any minor children at the your death. A guardian provides for the minor children’s health, education, and daily needs. A sole guardian may be appointed or you may select a couple to serve as co-guardians. For those naming a couple as legal guardian of the minor children, be sure to include both of their names.

There are some factors to consider when choosing a guardian*:
1) Age of the minor children 2) Willingness and ability to serve as guardian: It is important to have a discussion with the person or persons you are selecting to be your minor children’s guardian. You should ensure that person is willing and able to meet the demands of raising your children. 3) Guardian’s values: If particular religious or moral values are important, you should select a guardian who shares those values. 4) The guardian’s family: Does the guardian already have a family? It is important to consider whether the guardian has the ability to add more children to their family.

* abridged from