6 Steps to Choose & Name the Right Guardians for Your Children: Part 1
From My Desk
Oftentimes, we meet with responsible, loving parents who have never legally named a guardian for their children. They think choosing a godparent and having an informal plan is enough. It isn’t. The hard truth: without legal documentation, your children could be taken into the care of strangers, even temporarily.
This is more common than you think and totally preventable.
Whether you’ve worked with a lawyer before or not, unless that attorney has been specifically trained in child guardianship planning, your children are still at risk of falling through legal cracks. This guide is designed to help you do it right, and do it now.
Why Legal Guardian Planning is Critical
Choosing a guardian isn’t just naming someone on paper. It’s about:
Deciding who would raise your children if you couldn’t
Making those choices legally binding
Ensuring those named know exactly what to do
Avoiding common legal mistakes even ones lawyers make
Giving yourself and your children peace of mind
And if you don’t have minor children? Please share this article with friends or family who do. The consequences of not having a plan are simply too great.
Step 1: Define Your Ideal Guardian
The first step in how to choose a legal guardian for your child is defining what “ideal” looks like to you.
What to Consider:
Parenting values: How do they discipline? What are their views on education, spirituality, routine, and love?
Character traits: Think kindness, patience, honesty, integrity, and responsibility.
Practical matters:
Are they healthy and young enough to raise your child to adulthood?
Do they already have children and how would yours fit in?
Where do they live? Would your child need to relocate far away?
What NOT to Overconsider:
Finances
This is a common misconception. Guardians make education, health, and life decisions. They don’t need to manage your child’s finances. That’s what a trust and trustee are for.
We help you set this up with the right documents and legal structure to protect both your child and your finances.
Step 2: Make a List of Guardian Candidates
Now that you’ve outlined your ideal guardian, it’s time to brainstorm.
Don’t Just Look at Family:
Sometimes the right person isn’t a blood relative. It could be a close friend or mentor who aligns with your values.
Other Tips:
Don’t choose out of guilt. This is about your child’s wellbeing, not others’ feelings.
Struggling to start? List people you would never choose then flip that list to find better matches.
Ask yourself: “If a judge had to decide without my input, who would they pick?” If that answer worries you, it's time to act.
Remember, part of how to choose a legal guardian for your child is being brave enough to make the hard but right choice.
Step 3: Appoint a “First Responder” Temporary Guardian
This is the most overlooked and most urgent step.
What is a Temporary Guardian?
A first responder or temporary guardian is someone local, ready to care for your child immediately in an emergency.
Why It Matters:
If you're delayed, hospitalized, or incapacitated and your child is with a babysitter or someone without legal authority, police may call Child Protective Services (CPS).
Your child could be placed with strangers temporarily while the court decides what to do.
This is where most Wills fail. They name long-term guardians but don’t protect the child during that critical first 24–72 hours.
How to Protect Your Child:
Name a local, trusted adult who can be reached quickly
Ensure they know who the long-term guardian is and how to reach them
Cover more than just death include incapacity, absence, and crisis scenarios
This simple act could prevent immense trauma for your child and confusion for authorities.
What’s Coming in Part 2
In Part 2, we’ll cover:
Vetting your choices and naming backups
Communicating with guardians
Legally documenting everything properly
Secure Your Child's Future with Simpson Law Firm
At Simpson Law Firm, we specialize in helping parents create clear, legally sound guardianship plans that protect your children no matter what. From selecting the right guardian to ensuring your wishes are followed to the letter, we make the process simple, compassionate, and customized to your family.
This article is a service of Simpson Law Firm. We do not just draft documents; we ensure you make informed and empowered decisions about life and death for yourself and the people you love. We offer an Estate Planning session, during which you will get more financially organized than you’ve ever been before and we will assist you in making all the best choices for the people you love. You can begin by contacting us here, https://simpsonestatelaw.com/contact-us or calling us at 803-764-9555, and one of our friendly client service assistants will help you set up your consultation.
The content is sourced from Personal Family Lawyer® for use by Simpson Law Firm, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.