According to a Caring.com survey, in 2025, only 24% of survey respondents said they had a will, 13% reported a living trust, and 4% said they had other estate planning documents.

It’s important to plan what will happen to your money and property when you die, especially if you have kids or young family members who are set to inherit your estate. But what if they’re too young to take care of it on their own?

That’s when a guardian comes in. A guardian is someone you designate to handle your estate and assist heirs in getting their inheritance in a secure and appropriate way.

Beneficiary attorney John F. Hussell IV says disputes can often arise among heirs, beneficiaries, fiduciaries, and other interested parties involving wills, trusts, and other estate matters. Hiring an attorney can help resolve these issues, especially if the heirs are too young.

This article explains what a guardian does, why it matters, and how to choose one.

Understanding the Role of a Guardian

When appointing a guardian for your estate heirs, it’s necessary to realize what their responsibilities would be. A guardian’s duty goes beyond that of a simple caretaker. They help protect the financial and personal well-being of the heirs.

They provide for the heirs’ care, payment of their bills, maintenance of assets, and major decisions concerning education and health.

Consider an honest person of similar beliefs who can tackle financial matters. The guardian must maintain effective communication with the heirs in a transparent and supportive manner through this challenging period.

Legal Considerations in Appointing a Guardian

Some key legal considerations must be examined before hiring a guardian for the heirs.

Review the various state guidelines about guardianship. This process will help you select a person who is able to meet the demands of the job. Guardianship lawyer Douglas A. Oberdorfer says that in the case of adults, the courts view guardianship as a serious intrusion on a person’s civil liberties and will only apply it if no other options are available.

Don’t forget to document your decision in a will or trust so the identity of the guardian is clarified and the chances of disputes among your family are reduced. See to it that no one has a reason to be biased, especially since your guardian can inherit your estate.

An attorney assists you through these legal formalities and verifies that the person you designate as a guardian can handle the job.

Choosing the Right Guardian for Your Heirs

Careful selection is required when choosing a guardian since they will be the ones responsible for the upbringing and care of heirs.

Find someone who shares the values and philosophy you hold regarding parenting. The guardian for your estate should be trustworthy, reliable, and able to provide a nurturing environment filled with love.

There should be a sentimental attachment between the guardian and your heirs so that they feel safe and loved. Discuss with them to see if they are willing and able.

Think of the proposed guardians’ lifestyle and where they reside, as these things will greatly influence the heirs’ lives.

Go with your instincts and choose a guardian who knows that the best care will be given to the heirs following your will.

Communicating Your Wishes to Family and Friends

Conversations regarding guardianship should be held with the family members and friends to make certain that your wishes are respected.

Speak plainly about what you want to do and why you have selected particular people. Knowing the viewpoint can help defuse potential conflicts in the future.

Taking the time to meet or get together with the family to discuss the matter might be an option. Try to get their questions answered and alleviate their concerns.

Document your wishes in the estate planning documents and share this information with a few trustworthy family members.

Revisiting Your Guardian Designation Over Time

Every so often, review the abilities of the person you have selected as guardian. Check if he or she is still able to carry out his or her responsibility. Marriage, divorce, or the birth of another child may initiate a change in your thoughts about the choice of guardian.

Changes in the guardian’s own life that affect relocation or health could diminish their suitability for the role. To confirm that this person is still willing to take on the role, you must express your concerns and share your thoughts directly with them.

It’s always a beneficial idea to reconsider this decision as life changes. The family finds comfort in knowing that their heirs will always receive care and love.