Skip to content
Guide / Family

Choosing a guardian, without falling out about it

The decision parents postpone longest, broken into the four questions that actually decide it.

Guide7 min readFree to read

Parents do not put this off because it is difficult to record. They put it off because choosing means ranking people they love, and because the conversation feels like tempting fate.

It is worth doing anyway, and it is worth doing in this order. A guardian appointment is made in a will and nowhere else, so if your plan is a trust, the will that comes with it is still where this lives.

Who could actually do it, today

Not who would be flattered to be asked. Who could absorb your children into their life this year: the space, the work, the other children, the health, the distance from your children’s school and friends.

Age cuts both ways. Grandparents know your children best and may be raising teenagers in their seventies. Siblings are the usual answer for exactly that reason.

Who shares how you would raise them

Faith, schooling, discipline, screens, whether university is assumed. You are not looking for identical views, you are looking for an absence of the disagreements that would define your children’s childhood.

You can write down what matters to you. An optional statement of your reasons is not binding on anybody, and it is often the paragraph that settles a family argument before it starts.

Who handles the money

Keep this separate. The guardian raises your children; the trustee manages what you left them. One person can do both, and asking the questions separately is what stops you defaulting to that.

Splitting the roles also builds in a natural check, since the person spending on your children’s behalf is not the person holding the funds. If you do split them, choose two people who can have a civil conversation, because they will need several.

Who is the alternate

Everything above, again, for the second name. This is the step that gets skipped, and it is the one that makes the appointment durable: a guardian who has since died, moved abroad or declined, with no alternate named, leaves you exactly where you started.

Then tell both of them. A named guardian who first hears about it from a court is the version of this that fails.

How to have the conversation

Ask directly and make it easy to decline: "we are writing our wills, and we would like to name you, and it is completely fine to say no." Five minutes, and a no now is worth far more than a reluctant yes.

If the honest answer is that nobody in your family is right, that is information too, and it is the situation to take to a professional rather than a form.

Legacy Buddy provides document creation tools, not legal advice. Contested family situations and children with additional needs are cases for a professional.

What to take from this

  • Guardianship is appointed in a will, never in a trust
  • Ask two separate questions: who raises them, who manages the money
  • Always name an alternate, and tell them
  • A short statement of your reasons prevents more arguments than it causes
When you are ready

Knowing what to do is the hard part. This is the easy part.

Joining is free and stays free: your LQ™ Score, your recommendations and your vault, with no card. A plan is for when you want the documents themselves.

Free forever. No card. You pay only when you want documents.