If you have children under 18, the online platform offers a step for naming a guardian — the person who would be responsible for raising your minor children if neither legal parent is alive or able to care for them. Naming a guardian is optional, and the on-screen tips and definitions guide you through the choice.
How it works in the platform
- Select a guardian by checking the box beside their name — only people with a checkmark are included in your Will document. A guardian needs to be an adult (18 or older).
- You can also name an alternate guardian — a backup if your first choice can't take on the role. This option appears once you've selected a primary guardian, and the same person can't fill both roles.
A few things worth knowing
- A child's legal parent doesn't need to be named as guardian. If your child's other legal parent survives you, they're generally responsible automatically — so the form asks you not to appoint a current partner who's already a legal parent of your children.
- Courts have the final say. A court still has to approve a guardian appointment, but your wishes carry significant weight.
- Many people choose a sibling, the child's grandparents, a godparent, or a close friend — and it's worth talking with your chosen guardian first so they know what to expect.
- If you wouldn't want your child's other legal parent to take custody, this is a situation to discuss with an estate planning attorney in your state — the law generally gives a surviving legal parent priority.
If you need personalized advice, you may wish to consult an estate planning attorney in your state.
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EveryWill is not a law firm, and does not provide legal advice. This article is provided for educational purposes only; it is not, and should not be taken as, legal, tax, or financial advice. Laws vary by state and change over time, and this article is not a substitute for the advice of an attorney licensed in your state who knows your circumstances. Reading this article does not create an attorney-client relationship with EveryWill. Use of EveryWill’s platform and services is subject to its Terms of Service and Privacy Policy.