You were named as Guardian — now what?

Your friend or loved one has written their last will & testament — and they just named you as legal guardian for their minor child (or children) should they and the other parent pass away. What does this actually mean?

First, note that if you were named as an alternate legal guardian, then you will be asked to serve only if the person named as legal guardian is unable to, or declines to serve.

What is a guardian?

While every guardianship arrangement is different, the legal guardian of a child usually has the powers and responsibilities of a parent. If you accept an appointment to act as a guardian, you may be responsible for some or all of the below:

• Providing the child with a home
• Making decisions regarding the child's healthcare and education
• Generally providing for the child's welfare and acting in the child’s best interests
• Continuing to serve in this role until the child reaches the legal age of majority

Do I have to serve as guardian?

No, being nominated does not obligate you to serve. When the time comes, you can decide whether to accept this responsibility or not. If you choose to decline, another alternate guardian named in the will can take over, and if no alternate is available, the probate court will appoint someone else to serve.

What should I do now?

• If the person that named you hasn’t done so already, get in touch to discuss the specifics of their wishes so you know exactly what your responsibilities will be.
• Create or update your own will. It's quick, 100% free, and you can update it at any time.