How to Choose a Legal Guardian for Your Minor Child

 Posted on April 06, 2025 in Estate Planning

Many aspects of estate planning fall in the "what if" category. That is, they are legal plans of action we put in place in the event the worst-case scenario happens. One such hypothetical situation is: what if something happens to the parents of a minor child? Who takes over as guardian? This is not a scenario anyone wants to think about, but planning for it can be a way to ensure that your children are in good hands and that your wishes for their upbringing are honored. Choosing a guardian for your minor child in this scenario can also provide you with the peace of mind that comes from knowing that your child is protected in the unlikely event something should happen to you. It is a good idea to think about the important considerations that go into choosing a guardian for a minor child. An experienced Fort Worth, TX estate planning attorney can help you choose a legal guardian for your minor child.    

What is the Legal Way to Name a Guardian for Your Child?

You can name a "guardian of the person" who will be responsible for taking care of your child’s well-being should you die or be incapacitated either in a will or in a separate legal document. If you do not make this choice, and the worst happens, a judge will choose a guardian for your child.

How Do You Choose a Legal Guardian for Your Child?

Financial Stability 

Consider the financial situation of the guardian. You want to pick someone who is reliable with money, even if they will receive assets from you for the care of the child. 

Multiple Guardians

It is advisable to name multiple alternate guardians, in the event that your first choice is no longer an option, either because they are no longer around by the time they are needed or no longer willing to take over as guardians. 

Matching Values

Someone whose values about the world and raising children are similar to yours is likely a good match for such an important decision. 

Age and Longevity

Sometimes a grandparent may seem like the best option to act as a guardian, but take into account that a grandparent may not have the energy to care for a child on a daily basis, or may not be around to do so for the long term. 

Your Child’s Opinion

If your children are older, you can have a conversation and ask them who they would wish to be their guardian, particularly if you have narrowed down the list.

Call a Fort Worth, TX Estate Planning Attorney 

It is not easy to think about not being there for your kids, but planning for the worst can actually ease some of your stress. The experienced Fort Worth, TX estate planning attorney at Gonzalez Law, PLLC can assist you with setting up an estate plan that includes a legal guardian for your minor children in the event something should happen to you. Call us at 817-349-7330 to schedule a free consultation today.