Without a named guardian, a court will decide who cares for your minor children if something happens to you, based on the child's best interests. This process can take longer and may not result in the person you would have actually chosen.
General information
- Courts generally consider close relatives first, but the outcome isn't guaranteed to match your preference.
- The process of a court deciding a guardian can take time and create uncertainty for your children during that period.
- Naming a guardian in your will is one of the most direct ways to make your wishes clearly known.
Service steps to consider
- Decide who you would want to raise your children if something happened to you.
- Name that person, along with a backup, in your will.
- Discuss your choice with the nominated guardian ahead of time.
Quick check
- Have I decided who I want as guardian?
- Have I talked with that person about it?
How Complete Wills can help
This is exactly why Complete Wills' guided questionnaire specifically prompts you to name a guardian. The platform makes naming a guardian, and a backup, a clear part of the will questionnaire, since leaving this decision to a court can create delay and uncertainty that a clear nomination helps avoid entirely.
Important limits
- A court retains final authority over guardian decisions, even when a parent has made a clear nomination.
DRAFT - This article is newly written and has not yet been verified against a live Complete Wills source or fact-checked by the Complete Wills team. Confirm all details, especially pricing, attorney-support terms, and state availability, before publishing. Prepared September 14, 2026.