Personalized Attention For Your Family’s Probate & Estate Needs

Changing your child’s designated legal guardian

On Behalf of | Oct 13, 2024 | Estate Planning |

You likely put a lot of thought into choosing the person that you have designated to be your child’s legal guardian should something happen to you and your spouse or partner before your child reaches adulthood. Maybe you named one of your child’s grandparents, aunts or uncles because it seemed like the logical choice. Maybe you chose a close friend.

Codifying a designated legal guardian for a child is often what incentivizes parents to create a will. However, as with many elements of estate planning, the choices you make at one point in time may need to be changed later. That holds true for designated legal guardians.

Why you may need to make a change

Any number of things can happen in the years between designating a guardian and your child turning 18. Maybe a grandparent you chose is no longer in good health or the sibling you named took a job overseas. Your best friend whom you thought would make an excellent caregiver developed a drug or alcohol problem or simply no longer shares your values.

You can and should change your will to name someone better suited to take on this responsibility if your named guardian is no longer the best choice available. It’s a relatively uncomplicated process if you seek legal guidance. Generally, it just involves adding a codicil (addendum) to your will that removes your previous choice and designates your new one.

Notifying your previously designated guardian of the change

A potentially difficult task is choosing a new guardian (which means getting their agreement to take on the potential responsibility). Even more challenging can be notifying your original guardian that you’re naming someone else.

In many cases, such as if age, health, geography or other circumstances would make it difficult if not impossible, everyone may agree that a switch is best. However, if you’ve made the decision that your chosen guardian is no longer the right person, it’s important to let them know, even if it’s a difficult conversation. Legally, it’s not required. You can hope they never need to find out. However, that could mean secrecy that can be difficult to maintain – especially in a family. Worse, if you pass away, there’s going to be anger, confusion and possibly a court battle.

It’s a lot to consider. Having experienced estate planning guidance can help you take the appropriate steps to do what’s best for your child.