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How to Pick the Right Guardian for Your Kids

July 31, 2025

Picking a guardian for your kids is one of the most important estate planning tasks, but also one of the most difficult. No one ever wants to consider that they may not be able to raise their own kids into adulthood, so it becomes difficult for parents to imagine selecting someone else to step into this role. It is also essential, though, because you don’t want to leave your kids in a position where they do not have a guardian you have chosen if the worst occurs. Parents running with small child

To help you make this tough choice, here are some key tips on how to pick the right guardian for your children so you can make sure that the right person is caring for your kids when you can’t. By following these tips and putting the right provisions in place, you’ll still have control over your child’s upbringing as much as possible, and the court will not have to decide on this vital issue. Your kids also won’t get caught up in a custody battle at a time when they need stability the most.

Here are the key tips to keep in mind when you are selecting a guardian for your children.

Consider who is able to be the guardian for your kids

You may have many people in your life who you think are great parents, but who may not actually be able to be a guardian for your kids. For example, you may love the way your parents raised you and you make think that they are awesome grandparents. However, if they are elderly or have a lot of health issues, they may not be able to step into the role of full-time caregiver.

Likewise, if your sister is an awesome parent but she already has four kids of her own and you have several children, naming her as your guardian may not work that well because it could over burden the family’s resources to have so many children to take care of.

Think about whose parenting style best matches yours

There is wide variation in parenting styles. Some parents are helicopter parents who are very overprotective of their kids. Others are free-range parents who want to give their kids more independence and more opportunities to make mistakes and chart their own course. You need to think about which values best match yours so you can find parents who will raise your kids as closely as possible to the way you would have.

You may also want to make sure that the guardian for your kids that you select shares some of your core values. For example, if you want your kids to grow up religious, finding a family who will raise them in your chosen religion may be very important to you.

Talk to the person who you are selecting to make sure they are willing

You need to make sure that the person who you select as the guardian for your kids is willing to step into this role as this can be a major lifestyle change. Have a conversation early on so you can confirm that you aren’t choosing someone who is unable to raise your kids if something happens.

Name a backup guardian

There is always a chance that circumstances will change between the time you name a guardian and the time that something happens to you. You’ll want to have a backup guardian on the list because that way you will still get to choose who raises your children even if your first choice person is not able to fill this role.

Consider the financial implications

Raising a child can be very expensive. Lending Tree reports that the price of raising a child until age 18 is $297,674. If possible, you should try to leave behind some financial resources for the person who you have selected to be your child’s guardian.

You can also decide whether you want the money to go directly to your chosen guardian for raising your kids or whether you want to use a different approach such as creating a trust and earmarking money for your children that a trustee is in charge of.

If you plan to leave a larger inheritance for your kids and you don’t want the money to just go directly to them with no strings attached at 18, using a trust can also give you much more flexibility and control over what happens to the funds.

Be sure to think about these key issues so you can take care of your children financially as well as finding the right guardian for them.

Get help from an experienced estate planning attorney

The Law Offices of James A. Miller, P.C. can provide the help and support you need to select a guardian for your kids and to make sure that your instructions are followed if something happens to you.

Contact our Worcester estate planning lawyers today at (508) 799-8885 or reach out online to schedule a consultation and learn more about the assistance we can offer.

Filed Under: Estate Planning

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