Does the court have to follow my guardian choice?

The court gives serious weight to a valid parental nomination. But the judge must follow state law and protect the child's best interests. The named person is not guaranteed appointment.

General information

• The guardian may need to qualify and accept the role.
• Changed facts can affect the decision.
• Another person may challenge the appointment.

Service steps to consider

1. Considering the choice of a suitable, willing adult.
2. Writing a clear backup nomination.
3. A licensed attorney can provide advice when conflict is likely.

Quick check

• Did I ask the person first?
• Did I name a backup?
• Has the child's care plan changed?

How Complete Wills can help

Complete Wills can prepare a guardian nomination through its Guardian package or as part of a will-based or trust-based plan. The questionnaire records the customer's choices. Support can explain where information belongs but cannot evaluate or select a guardian. Customer support can explain website features and questionnaire fields, but it cannot choose documents, people, distributions, or legal terms, interpret a completed document, or explain how the law applies to a person's facts. Only a separately engaged licensed attorney may provide legal advice within the attorney's engagement.

Important limits

• A parent's nomination is important. But a court makes the final appointment under state law and the child's best interests.
• Special-needs benefits, custody disputes, noncitizen caregivers, or large inheritances require advice from a qualified attorney. This article gives general information only. A licensed attorney can explain how state law applies to a specific estate plan or document.