10 Mistakes Parents Often Make When Naming Guardians—and How to Avoid Them

As a parent, ensuring your children are cared for no matter what happens to you is one of the most important things you can do. But many well-meaning parents make common missteps when it comes to naming legal guardians. Here's what to watch out for—and how to get it right.

1. Relying Solely on a Will

A will is an essential part of your estate plan, but it doesn’t cover every scenario. It only takes effect after you pass away, which means it does nothing in the event you’re temporarily incapacitated. That’s why it’s crucial to have separate legal documents in place that name guardians who can step in immediately—even if you’re still living but unable to care for your children.

2. Only Planning for the Distant Future

Parents often think about who would care for their children long-term, but what about right now? If something happened today, who would step in while longer-term guardians are contacted? Naming short-term or emergency guardians helps ensure your kids aren’t placed with strangers—even temporarily—while the courts figure things out.

3. Not Naming a Guardian at All

It’s uncomfortable to think about, but skipping this step can have serious consequences. If no legal guardian is named, a judge—who doesn’t know your family or your wishes—will decide who raises your children. That decision might not reflect what you would have wanted.

4. Forgetting to Name Backups

Your first choice might not be able or willing to serve when the time comes. That’s why it’s essential to name backup guardians. Life changes, and having contingencies ensures your plan will still work even if your preferred guardians can’t fulfill the role.

5. Picking Guardians Based Only on Finances

While financial stability is important, it shouldn’t be the sole factor in your decision. Your children deserve to be raised in an environment that reflects your values, beliefs, and parenting style. Remember, you can name someone else—a trustee or financial guardian—to manage your children’s inheritance. This allows you to separate daily care responsibilities from financial oversight, if needed.

6. Believing Godparents Automatically Have Legal Rights

Calling someone a godparent doesn’t give them legal authority to care for your children. Without formal legal documents in place, your wishes might not be honored in court. If you want your chosen person to have legal authority, you need to make it official with the proper paperwork.

7. Ignoring Other Critical Roles

Guardianship is just one piece of the puzzle. You also need to think about who would make medical decisions, manage finances, or handle other important matters on your children’s behalf. A complete plan includes powers of attorney and other legal tools to cover these responsibilities.

8. Keeping Your Wishes a Secret

Even a well-prepared guardianship plan can fall short if no one understands your expectations. Take the time to document what matters most to you—your values, routines, and hopes for your children. Sharing this with your chosen guardians provides guidance that goes beyond legal paperwork.

9. Failing to Revisit the Plan

Life changes—so should your plan. As your children grow, relationships evolve, and circumstances shift, it’s important to update your documents regularly to reflect your current preferences and situation.

10. Naming a Couple Without a Backup Plan

It might seem ideal to name a couple you trust, but what if their relationship ends? If you’ve named both partners jointly, what happens in the event of a separation or divorce? Make sure to clarify who would take on the role—or whether both should remain involved—if their relationship status changes.

There’s a Better Option: A Complete Kids Protection Plan

Traditional estate planning often stops at naming guardians in a will. But a Kids Protection Plan goes several steps further. It creates a comprehensive safety net that protects your children immediately and over the long term—no matter what happens.

When I create a Kids Protection Plan for clients, we don’t just cover the basics. We prepare legal documents that prevent your children from ever being placed into the care of strangers or the foster care system. We include emergency instructions, name temporary guardians, and provide guidance for healthcare providers and first responders. Just as importantly, we capture your unique parenting values and wishes, so your guardians can raise your children the way you would.

Let’s Make Sure Your Children Are Always Protected

Your kids are your world. Let’s make sure they’re protected with the love and care you’d want for them, even if you're not there to provide it yourself. If you’re ready to put the right legal protections in place, I’m here to help.

This article is a service of the Law Office of Keoni Souza, an estate planning law firm in Honolulu, Hawai`i. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That is why we offer a Family Wealth Planning Session, during which you will get more financially organized than you have ever been before and make all the best choices for the people you love. You can begin by contacting our office today to schedule a planning session and mention this article to find out how to get this $750 session at no charge.

Disclaimer: All information on this website is for informational purposes only and is not legal advice. You should contact an attorney trained to work with families on estate planning matters regarding your specific situation. Use of and access to this website or any of the email links contained within the site do not create an attorney-client relationship between the Law Office of Keoni Souza, LLC, and any users or any other party.