How Do I Nominate and Replace a Guardian?

You may nominate a guardian for your children in your will. Wills are the legal tool used because the guardian appointment is officially made in probate court. Because of this, individuals with minor children who plan their estates with a living trust should have a will drafted to nominate a guardian.

A guardians can be replaced signing a new will that nominates a new guardian. This can be done at any time prior to the death of both parents. After the death, the guardian can only be changed by court order. Therefore, the appointment of a guardian should be re-evaluated on a regular basis as your family needs change.

Next Week: Is It Important to Name a Successor Trustee?