Estate Planning Series - Part 9 - Choosing a Guardian

Estate Planning Series - Part 9 - Choosing a Guardian
Zachary J. Montgomery JD, CPA, CFE
Written By: Zachary J. Montgomery, JD, CPA, CFE
Managing Member
Published On: 
May 30, 2023

This is the ninth blog in our Estate Planning Considerations series. In the previous blog, we discussed common non-probate assets in Texas. In this blog, we will explore important factors to consider when selecting a guardian for your children. As a parent, one of the most critical decisions you will make in your estate planning journey is choosing a guardian for your minor children. Naming a guardian provides greater assurance that your children will be cared for and raised according to your wishes if something were to happen to you. By carefully evaluating these considerations, you can make an informed decision that provides your children with a secure and nurturing environment.

Shared Values and Parenting Philosophy

When choosing a guardian, it is crucial to select someone who shares your values and parenting philosophy. Consider the individual's beliefs, moral values, and lifestyle choices to ensure they align with your own. This will help provide a consistent and harmonious upbringing for your children.

Emotional Connection and Stability

The guardian you choose should have a close emotional connection with your children. Look for someone who has a loving and nurturing relationship with them, someone who understands their needs, and someone who can provide emotional stability during what would undoubtedly be a challenging time.

Physical and Emotional Capacity

Evaluate the potential guardian's physical and emotional capacity to care for your children. Consider their age, health, energy levels, and overall ability to handle the responsibilities of raising children. It is important to choose someone who has the necessary stamina and emotional strength to provide for your children's well-being.

Financial Stability

Assess the financial stability of the potential guardian. While it is common to include financial provisions in your estate plan to support your children, it is beneficial if the guardian is also financially capable of providing for their day-to-day needs. A financially stable guardian can offer your children a secure and comfortable environment.

Geographic Location and Lifestyle

Consider the geographic location and lifestyle of the potential guardian. Evaluate whether the guardian lives nearby or if the children would need to relocate. Assess how the guardian's lifestyle, work commitments, and community support system align with your children's current routine and needs.

Communication and Co-Parenting Skills

The chosen guardian should possess effective communication and co-parenting skills. It is essential that they can work collaboratively with other family members, such as grandparents, aunts, or uncles, to ensure a supportive network for your children. A guardian who values open communication and cooperation will foster a positive environment for your children's upbringing.

Legal and Personal Considerations

Consider any legal or personal circumstances that may impact the potential guardian's ability to assume this role. Evaluate their marital status, existing parental responsibilities, and any other commitments that may affect their capacity to provide sole care for your children. Additionally, discuss your intentions with the potential guardian to ensure their willingness to take on this significant responsibility.


Choosing a guardian for your minor children is a deeply personal decision that requires careful thought and consideration. By considering shared values, emotional connection, physical and emotional capacity, financial stability, geographic location, communication skills, and legal/personal considerations, you can select a guardian who will provide a nurturing and supportive environment for your children. Lastly, it is crucial to discuss your decision with the potential guardian.

Remember, estate planning is not a one-time task but an ongoing process. It's important to review and update your estate planning documents periodically to reflect any changes in your circumstances, such as births, deaths, marriages, or divorces. Working with an experienced estate planning attorney can provide valuable guidance and support throughout this process.

In the next blog of the Estate Planning Considerations series, we will explore the following topic: Where You Should Keep Your Estate Planning Documents.

Contact Provident Legal Counsel today to discuss your estate plan. Schedule a Consultation or call (214) 432-6100.

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Zachary J. Montgomery JD, CPA, CFE
Written By: Zachary J. Montgomery, JD, CPA, CFE
Managing Member
Published On: 
July 6, 2023
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