Guardianship Questions

A nomination of guardian is a document whereby a parent nominates a guardian to care for his or her minor children if the parent passes away and leaves the children without a legal guardian. A person can nominate a guardian in a will and/or in a separate document. We recommend using a separate document because it is easier to revoke or amend than a will.

If a child does not have a guardian, one must be appointed by a court. This process is usually initiated by family members of the child. Having a Nomination of Guardian tells the court and your family/friends who you want to be the guardian of your child. This minimizes the stress everyone involved and makes disputes less likely.

We do not recommend putting contact information for your guardians on the form because addresses and phone numbers can easily change. However, we do recommend that you make a separate contact list that can easily be updated and kept with your estate plan.