Guardian nomination

What it means

A guardian nomination in a will tells a court who the parent wanted. The court appoints, and is not strictly bound, but a nomination carries considerable weight.

It is normally made in a will rather than a trust, which is one reason a will is still needed alongside a living trust.

Naming an alternate matters as much as naming a first choice, and so does asking the person first.

Why it matters

Without a nomination, a court chooses among whoever comes forward, which is how children end up at the center of a family dispute at the worst possible moment.

It is also the single reason many people with young children write a will at all.

When you are likely to meet it

• When writing a will.
• When a family's circumstances change.
• When a dependent adult relies on one caregiver.

How this varies by state

How much weight a court gives a nomination, and who may object, are set by state law.

Related terms

• ConservatorshipA court appointing somebody to manage the money and property of an adult who cannot manage it themselves.
• DependentSomebody who relies on you. It is a defined term in tax and in benefit programs, and it is not a category in inheritance law at all.
• GuardianshipA court appointing somebody to make decisions for an adult who cannot make them, usually about care, housing and medical treatment.
• Letter of instructionAn informal document left alongside a will, saying the practical things a will has no room for.
• Pet trustA legal arrangement funding the care of an animal after its owner dies or can no longer look after it.
• Pour-over willA short will used alongside a living trust, directing anything left outside the trust into it.
• Preneed guardianSomebody named in advance, in a signed declaration, to be appointed guardian if a person or their children later need one.
• Rebuttable presumptionA starting position a court must take unless somebody shows a reason not to.
• Standby guardianA guardian named in advance who steps in on a trigger, without a fresh contest over who it should be.
• StepchildA partner's child you did not adopt. Generally not a descendant for inheritance, however they were raised.
• Testamentary trustA trust created by a will, coming into existence only when the person dies.
• UGMA and UTMA accountsCustodial accounts holding money for a child, which the child takes control of outright at an age set by state law.
• WillA written document saying who should receive what, and who should be in charge of seeing that it happens.

Sahvelo guidance that uses this

• Wills and trusts