Why name a guardian at all?

If both parents die or become unable to care for a minor child, someone has to step in. Without your written nomination, a judge decides, sometimes after relatives disagree in court.

Naming a guardian is one of the most important reasons young parents make a will, even when they don't have many assets.

What's the difference between a guardian of the person and of the estate?

• Guardian of the person: raises the child day to day, including home, school and medical care.
• Guardian of the estate (or a trustee): manages money the child inherits.

They can be the same person or different people. Many parents choose a warm, steady caregiver for the child and a financially careful person to manage the money, often through a trust.

How does each state treat a parent's nomination?

Nevada. A parent may nominate a guardian by will (NRS 159A.062). The nominee still has to petition the court and be appointed. When choosing a guardian, the court considers a nomination in a will or other written instrument signed by a parent (NRS 159A.061). A properly witnessed or notarized nomination can also ask the court to waive bond (NRS 159A.065).

California. A parent may nominate a guardian in writing, and the nomination can be set to take effect on a later event such as the parent's death or incapacity. The court decides based on the child's best interest (Judicial Council guardianship pamphlet GC-205).

Washington. Under RCW 11.130.215, the court shall appoint a person nominated by a parent in a probated will or other sworn record, unless that appointment is contrary to the child's best interest. If parents nominated different people, the court chooses the one who best serves the child. A child 12 or older may also nominate a guardian, which the court considers when no parent's nominee is appointed.

Utah. A parent may appoint a guardian for an unemancipated minor by will or another signed writing (Utah Code 75-5-202). The appointment takes effect when the guardian files an acceptance with the court, if both parents have died or the surviving parent has been adjudged incapacitated. If both parents made appointments, the parent who died later generally has priority.

What about the other parent?

A nomination usually matters only when no parent is available. If the other parent is living and able, that parent generally keeps custody, even if you'd prefer someone else.

If you have concerns about the other parent, talk with a lawyer about your options and document your reasons.

How do I choose a guardian?

Ask yourself:

• Who shares our values and parenting style?
• Who has the energy and health to raise kids to adulthood?
• Would our children have to move schools or states?
• Are they willing? (Ask before you name them.)
• Who is the backup if the first choice can't serve?

How do I make sure money reaches the kids?

Naming a guardian handles care. A trust handles money. Without one, a child may receive an inheritance outright at 18.

A children's trust lets your trustee pay for school, housing and health care, then distribute the rest at ages you choose. Life insurance can fund it.

What about blended families?

If you have stepchildren you've raised but not adopted, or children with different co-parents, your plan should name guardians for each child and say how money is shared. A will is where you make those choices clear.