Who Will Care for My Kids?

Eldonie Mason • November 10, 2025

A Parent’s Guide to Guardianship



As parents, we plan for almost everything — school schedules, doctor’s appointments, after-school activities, family vacations. Yet, the one plan most parents overlook is the most important one of all: who will care for your children if you’re not here to do it yourself.


It’s not a conversation any parent wants to have, but it’s one that every parent must. Life is unpredictable. Tragedies and emergencies happen every day, and without a legally documented plan, your children’s future could be left in the hands of the courts — not you.


Why Guardianship Planning Matters

If you have minor children, naming a guardian is one of the most critical decisions you can make. A guardian is the person you legally designate to care for your children if you pass away or become incapacitated. Without this designation, a judge — who doesn’t know your family — will make that decision on your behalf.

Even if you’ve told a friend or relative that you’d want them to care for your kids, that conversation alone isn’t legally binding. The only way to ensure your wishes are honored is through a properly executed estate plan that includes your guardianship choices.


Common Mistakes Parents Make

  1. Assuming family will “figure it out.”
    Unfortunately, without legal documentation, well-meaning family members can end up in court fighting over custody.
  2. Naming only one guardian.
    Always name at least one alternate. Life changes, and your first choice may not be available when the time comes.
  3. Choosing based on obligation, not alignment.
    Pick someone who shares your values, parenting style, and long-term vision for your children — not just someone you feel you “should” choose.
  4. Failing to update the plan.
    Life evolves. So should your plan. Revisit your guardianship choices every few years or after major life events (marriage, divorce, new baby, relocation, etc.).


What Happens Without a Plan

If something happens to you and there’s no guardian legally appointed:

  • Law enforcement could temporarily place your children in protective custody until a judge decides who will care for them.
  • Relatives could disagree about who is best suited, causing emotional turmoil and costly court battles.
  • Your children may end up with someone you would never have chosen.


Peace of Mind for the People You Love Most

Estate planning isn’t just about money or property — it’s about people. It’s about protecting your children, your wishes, and your legacy. Naming a guardian is an act of love, one that ensures your children are always cared for by the right people, in the right way.


If you haven’t yet legally named guardians for your children, there’s no better time than now. Tomorrow isn’t promised — but peace of mind can be.


Take the first step today. Schedule your Future-Proof Your Game Plan Call to make sure your children are protected, no matter what happens.


Book Your Call Now