subject: Naming a Guardian in Your Will [print this page] Naming a Guardian in Your Will Naming a Guardian in Your Will
In your will, you can't just name who you want to be the heir/s to your property and how you want it to be divided between them you can name guardians for your children, as well!
The guardian you choose, of course, has to be someone you trust the most to take care of your children in the best way possible, someone who will put the children's needs first and who will raise them until the guardianship ends when the kids become of legal age. And it also suggested that you choose an alternate guardian as well, should anything happen that the original guardian is unable to assume responsibility for the children. The decision lies in your hands, or in you and your spouse's together. The lives of your children, and their futures, are all at stake.
The surviving spouse or parent, if he/she is still living in the same household, that is, is usually the one who becomes the children's legal guardian after your death. Sometimes though, this is not the case. If it is stated otherwise in your will (for example, if you have chosen someone else other than your spouse to be the guardian), then this may also happen.
Cases involving divorced parents are trickier and more complicated. The parent who has legal custody over the children has the responsibility to choose a guardian; however, if he/she has chosen someone other than the other biological parent, this decision is often overruled by the court.
Choosing a guardian basically naming him/her in your will is not that easy, though. The court must first see if the chosen guardian is fit for the job before they approve of your decision.
