Should I name a backup guardian?

A parent may nominate one or more backup guardians in case the first nominee cannot serve. Whether to name a backup, and whom to name, is the parent's decision. A court makes the final appointment under state law and the child's best interests.

General information

• More than one backup can be listed if the document allows.
• A clear order of preference reduces ambiguity.
• Couples named together may need instructions for what happens if one cannot serve.

Service steps to consider

1. Talk with each nominee.
2. Recording the preferred order.
3. Considering updates to the document when a nominee's situation changes.

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.