Who Would Be Your Child’s Guardian?

As an Illinois estate planning attorney, I understand the profound responsibility parents have in planning for the well-being of their children. One of the most critical decisions parents must make when creating an estate plan is designating a trusted guardian for their children. This important choice ensures that, in the event of unforeseen circumstances, their child will be cared for by someone who will provide the love and support they deserve. In this blog post, we will explore the significance of designating a guardian in your estate planning documents and the steps involved in making this vital decision.

The Importance of Designating a Guardian for Your Child:

Designating a guardian for your child is one of the most crucial aspects of your estate planning journey. In the event of your untimely passing or incapacity, the guardian you choose will assume parental responsibility for your child. This decision ensures that your child’s well-being and future are protected, even if you are no longer there to provide for them.

Choosing the Right Guardian:

Selecting a guardian is a deeply personal decision that requires careful consideration. Here are some essential factors to keep in mind:

Love and Affection:

Look for someone who genuinely loves and cares for your child. The guardian should be emotionally invested in providing a nurturing and supportive environment.

Shared Values:

Consider individuals whose values align with yours. A guardian who shares similar beliefs and principles can help uphold the values you hold dear.

Parenting Style:

Evaluate the potential guardian’s parenting style and approach. The chosen individual should be capable of offering stability and guidance to your child.

Financial Responsibility:

A guardian should be financially responsible and able to manage the resources designated for your child’s care.

Age and Health:

Consider the potential guardian’s age and health. While age alone should not be a determining factor, it’s essential to choose someone who is likely to be able to care for your child until they reach adulthood.


Think about the guardian’s proximity to your child’s current environment. Stability and familiarity can be essential for your child during times of transition.

Designating a Guardian in Your Estate Planning Documents:

Once you have identified a suitable guardian for your child, it is essential to legally designate them in your estate planning documents. Here are the key steps involved:

Last Will and Testament:

In your last will, clearly outline your choice of guardian for your child. Be sure to include the individual’s full name, relationship to your child, and any specific instructions regarding your child’s care.

Living Trust:

If you have established a living trust, it is advisable to mention your choice of guardian within the trust document as well. This provides an additional layer of assurance that your child’s future is secure.

Power of Attorney for Child:

While a power of attorney typically applies to financial and medical decisions, you can also designate a temporary guardian for your child in case of a brief absence or incapacity.

Letter of Intent:

Although not a legally binding document, a letter of intent can be included in your estate plan to provide additional guidance to the guardian regarding your child’s care, values, preferences, and any other information you wish to share.

Revisit and Update Your Choice:

Life is dynamic, and circumstances may change over time. It is essential to regularly revisit your choice of guardian and ensure that it remains appropriate for your child’s current needs and your family’s situation. Major life events, such as marriage, divorce, or relocation, may necessitate a reconsideration of your choice.

Communicate Your Decision:

Once you have designated a guardian, it is essential to communicate your decision with the chosen individual. Discuss your expectations and ensure they are willing to take on the role if necessary. Open communication can provide both parties with peace of mind and avoid surprises during a challenging time.


Designating a trusted guardian in your estate planning documents is a critical decision that secures your child’s future with the love and support they deserve. By thoughtfully considering potential guardians and legally designating your choice, you ensure that your child will be cared for by someone you trust. As an Illinois estate planning attorney, I am dedicated to assisting parents in making this important decision and providing comprehensive estate plans that prioritize the well-being of their children. Together, we can create a secure future for your child, even in your absence.