Skip to main content

Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About
Trending Topics
    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Entertainment & Media
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor, Employment, and Benefits
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations
    Industries

    View All

    • Aviation
    • Cannabis
    • Consumer
    • Energy
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Nonprofit Organizations
    • Real Estate
    • Sports & Stadiums
    • Technology
    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Environmental, Social, and Governance (ESG)

      We help clients create positive return on investments in people, products, and the planet.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    • Women in Dealmaking

      We provide strategic counsel on complex corporate transactions and unite dynamic women in the dealmaking arena.

    1. Home
    2. Insights
    3. Articles
    4. The importance of choosing the “right” guardian for your minor children

      Articles

    Article

    The importance of choosing the “right” guardian for your minor children

    Aug 28, 2019

    LinkedInX (Twitter)EmailCopy URL

    By Kaitlyn Greene

    When creating an estate plan, the primary emphasis is typically on the disposition of assets and the related tax concerns; however, one of the most crucial planning decisions you can make is choosing who will serve as guardian of your minor children. The failure to designate a guardian in your estate plan will consequently put the lives of your minor children in the hands of the impersonal court system.
    When creating an estate plan, the primary emphasis is typically on the disposition of assets and the related tax concerns; however, one of the most crucial planning decisions you can make is choosing who will serve as guardian of your minor children.

    The choice of guardian will not only set the course for the rest of several people’s lives, but also will contribute to the essence of who the minor children become. Furthermore, the failure to designate a guardian in your estate plan can put the lives of your children in the hands of the court system.

    The guardian you designate will become a new parental figure for your children in the event that you are no longer able to care for them. Most importantly, the guardian will be charged with the responsibility of helping your children transition to life without one or both of their parents, and for passing on life skills, instilling values, and raising your children. Thus, it is paramount to select a guardian who understands the responsibilities accompanying the guardianship designation, and who has the time and interest to raise your children.

    Choosing a guardian is no easy task, and involves objective and subjective assessments distinct from selecting other fiduciaries in your estate planning.

    The first threshold to choosing a guardian involves finding someone who is willing to take on such an important job. The decision to serve as guardian for someone else’s minor children should be thoughtfully considered, as stepping into the role as surrogate parent will change the rest of the guardian’s life. A guardian without the proper understanding of the role he or she is to play for your children can result in significant legal and emotional problems for all interested parties, including your children and the guardian.

    In addition to finding a person who is willing and able to take on the role of guardian, it is of utmost importance to choose someone who already has an established warm and loving relationship with your child. This type of existing relationship can be immensely valuable in such an emotionally trying transition for your children, as they cope with the trauma or sudden death of one or both of their parents.

    Most people instinctively think that the “right” guardian for their minor children is a relative; however, in some circumstances, a non-family member may be a better fit. Choosing a family member as guardian may be the obvious choice, but if your children are uncomfortable, have never met, or rarely spend time with the family member, it may not be the right choice to name him or her as guardian. Rather, it may be the case that a close friend or neighbor who is present in your children’s lives and better understands your values in raising your children may be the “right” choice. Ultimately, the choice of whether or not to name a family member versus a non-family member is specific to your family dynamic and lifestyle.

    Another important factor to consider when choosing a guardian is the individual’s job situation and financial stability, as adding surrogate children into their life will raise his or her living costs exponentially. You must balance the person’s willingness to take on the significant responsibility of raising your children with their ability to support your children financially in their future endeavors. Ultimately, if you think someone is the “right” guardian but are worried about the stress added children will have on their finances, you may consider designating them as beneficiaries in other areas of your estate plan to ensure they have enough money to raise your children according to your values.

    Finally, you may be tempted to choose a couple as the co-guardians of your minor children in hopes that they will be raised in a traditional nuclear family setting. Unfortunately, designating a couple as co-guardians may be problematic in the event that they divorce or the preferred guardian in the couple dies or is otherwise no longer able to serve in the role. As a result, it is often preferable to name one or more alternates in case the first choice for guardian is unavailable to ensure your wishes can be carried out and your children’s lives are not at the discretion of a judge.

    Once you have carefully considered the foregoing factors and designated a guardian in your estate plan, it is just as important to remember to revisit your choice as circumstances change to adapt to the needs of your children and abilities of your selected guardians. These choices should be revisited at least every five years to confirm that your chosen guardian is still the “right” choice for your children.
    The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • Cookie Preferences
    • Privacy Policy
    • Terms of Use
    • Accessibility Statement
    • Statement of Client Rights
    • Purchase Order Terms & Conditions
    • Nixon Peabody International LLC
    • PAL
    © 2025 Nixon Peabody. All rights reserved