ESTATE PLANNING FOR THE YOUNG FAMILY – THE GUARDIAN
May 28, 2026
This blog post discusses the most sensitive topic in the series on Estate Planning for the Young Family: the guardianship appointment. It is the most difficult blog to write because of the weight the decision carries. Explaining trusts, powers of attorney, and other matters related to estate planning is easy. Those things are mechanical and do not carry as much baggage. Explaining the guardianship appointment is much more difficult because it inherently is an emotionally charged decision. But it should not be ignored because it is hard. The guardianship appointment is one of the primary reasons that estate planning for the Young Family is so important. Therefore, the topic deserves its own blog post in the series.
The Young Family’s Will should include a section that appoints a guardian for their children if both parents pass away while the children are still minors. The guardian is the person who would take custody of the children in the event of such a tragedy. This appointment is often the most difficult choice my clients make in their estate planning.
The Guardian Appointment – Basic Terms
A guardian and a conservator are appointed by the probate court to act on behalf of someone who is either incapacitated or is a minor. A guardian has the authority to make decisions regarding the person’s custody and care. A conservator has the authority to manage the person’s assets. The Child’s Trust discussed in the previous blog post helps prevent the need for conservatorship because the Child’s Trust will inherit the assets on behalf of the minor child. Therefore, this blog post will focus on the guardianship appointment.
The Guardian Appointment – The Role of the Guardian
The guardian has the authority to make decisions regarding the custody and care of the child in the same way the parents would. For instance, the guardian has the authority to choose to enroll the child in a private school rather than a public school. The guardian has the authority to choose who the child’s pediatrician should be and what treatment plan the child should have. The guardian has the authority to choose whether the child should go to church and which church they should go to. The guardian has the authority to choose who the child interacts with and is allowed to be around. Consider the decisions that you as parents make on a day-to-day basis regarding the care of your children. These are decisions that a guardian would make.
The Guardian Appointment – The Parents’ Choice
The guardian is a powerful role with a lot of decision-making authority. Who to appoint as guardian is an important decision. With estate planning, the parents in the Young Family can clearly state who they wish to serve in this role. Without estate planning, it will be unclear who the parents would have chosen to serve as guardian. This could lead to fighting among family members and someone ultimately being appointed as guardian who the parents would not have chosen.
Many of my clients choose to appoint siblings, cousins, or close friends for this role. But without estate planning, that wish does not hold much weight. Alabama law, by statute, allows the parents to appoint who they believe should be guardian. For the Young Family, that appointment is formally made in the Will. Without that appointment, there will not be any good evidence showing the parents’ wishes.
Many of my clients wish to appoint two people to serve as co-guardians, such as a married couple. This is a valid consideration, and I often draft estate plans for Young Families that do just that. I also encourage my Young Family clients to consider successor appointments for guardian. Life is unpredictable, and circumstances change. Having a backup appointment if the first appointment passes away or is unable to serve ensures that the parents have some additional control regarding who the choice of guardian should be.
The Guardian Appointment – Considerations for the Guardian
Many clients have a hard time deciding who to appoint as guardian. I can sympathize with these struggles. As parents, my wife and I made this difficult decision in our own estate plan. When I have clients who find this decision difficult, I remind them that this appointment is not written in stone. They can change the appointment at any time by updating their Will, which I will discuss more in a later blog post. Therefore, I encourage my clients to make the best decision for the situation that is immediately in front of them.
Below is a list of things the Young Family might consider when deciding who to appoint as guardian:
- The relationship between the children and the potential guardian
- The marital status of the potential guardian
- The religion of the potential guardian
- The values of the potential guardian
- The geographic location of the potential guardian
- The age of the potential guardian
This list is in no way exhaustive. Each Young Family is different, and certain considerations may carry greater weight for some than they would for others.
In next week’s post, I will discuss the “other documents” in the Young Family’s estate plan.
If you have any questions or would like to schedule an appointment to discuss estate planning, please call me or send me an email. You may access my contact information by clicking the “view profile” button linked below.
Disclaimer
This blog series is meant to be informational only. This blog series discusses general principles associated with estate planning for the Young Family, but your specific situation may differ slightly. Therefore, this blog series is not meant to provide specific legal advice, and it does not create an attorney-client relationship unless one is specifically entered into by you and Rosen Harwood, P.A.
For previous blog posts in the series on Estate Planning for the Young Family, see the links below: