For parents, the guardianship nomination is the most consequential paragraph in a last will and testament. Courts ultimately appoint a guardian based on the child’s best interests, but a thoughtful, well‑drafted nomination in a state‑specific will carries real weight. This article explains how to choose a guardian with a lawyer’s eye: criteria that courts consider, how to separate guardian and trustee roles, how to use a letter of wishes to give practical guidance, and how to draft the clause so it works in court.

Understand the roles: guardian vs trustee

A guardian of the person makes daily decisions for a child—housing, school, medical care, community. A guardian of the estate (or, more commonly in modern planning, a trustee) manages money. Many parents deliberately separate these roles. The guardian provides a stable home and parenting; the trustee manages funds prudently, keeps records, and releases money for the child’s health, education, support, and maintenance. Separation provides checks and balances and lets each person focus on what they do best.

Criteria to evaluate (and to show the court you considered)

• Stability and capacity: Consider age, health, time, and housing. Guardianship is a long haul; reliability matters more than enthusiasm alone.

• Values and parenting style: School priorities, discipline, extracurriculars, and community involvement should align with your hopes.

• Location: Keeping kids in familiar schools and near friends reduces secondary disruption.

• Existing relationship: A close bond with your children weighs heavily in practice.

• Willingness: Confirm the nominee is truly willing; polite refusal later is common if people weren’t asked.

Primary and alternates (don’t skip backups)

Name a primary guardian and at least one alternate. If you nominate a couple, clarify what happens if they separate, if one predeceases the other, or if only one can serve. Courts appreciate that you considered contingencies.

Money management: design a minors’ trust that’s easy to administer

In your will (or living trust), include a minors’ trust that authorizes the trustee to spend for health, education, support, and maintenance. Keep standards discretionary and practical; staged distributions at specific ages (for example, one‑third at 25, one‑third at 30, remainder at 35) are common. Require basic accountings and allow the trustee to hire professionals. Importantly, identify alternates for the trustee role.

Use a letter of wishes for the “soft” guidance

A letter of wishes is not legal authority; it is guidance—bedtime routines, dietary issues, medical history, religious or cultural practices, school and travel preferences, and relationships with extended family members. Keep it current, store it with your will and trust, and tell the guardian where to find it. Courts and guardians alike appreciate practical direction in your voice.

Communication strategies that prevent conflict

Tell close family about your nomination privately and with kindness. Most conflict arises from surprise. Explain your reasons in general terms and emphasize that your choice reflects logistics and values, not a referendum on love. Good communication reduces the risk of contests.

Drafting the guardianship clause (what lawyers include)

• Full legal names for clarity; state relationships (e.g., “my sister, Maria Lopez”).

• Primary guardian nomination followed by alternates in order.

• A statement that the guardian may serve without bond (where allowed) and has standard authority over education and medical decisions.

• If a trustee will handle funds, clarify that the guardian is not responsible for investment management.

• If you anticipate geographic moves, authorize the guardian to relocate with the child as permitted by state law.

Reviewing and updating over time

Guardianship choices age. Review every couple of years or after major changes—moves, health events, marriage, divorce, or significant shifts in your children’s needs. Small updates can be handled by a codicil; larger ones warrant a new will.

Execution and storage (don’t lose the ball on the one‑yard line)

Sign your will with two adult witnesses as your state requires, add a self‑proving affidavit if available, and store the original where your executor and guardian can locate it immediately. A perfect nomination in an invalid or missing will helps no one.

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