Can I Name a Guardian for a Child in My Living Trust?

When a person wishes to create a Living Trust on behalf of their family, there are steps that can be taken to allow the family to indicate guardianship wishes as a part of that Trust.

The Pour Over Will, which is included within Standard Legal’s Living Trust software, contains language that permits a parent to name a potential guardian for one’s minor children.

For example, the Pour Over Will for a male person with children provides as follows:

If it becomes necessary or desirable that a guardian of the Person and/or Estate for me and/or any of my children, or any child born hereafter, and my wife, [NAME OF WIFE], does not survive me, or having survived me is unable to act, then it is my wish and direction that any court having jurisdiction over such appointment appoint [NAME OF PROPOSED GUARDIAN] as such guardian(s); and I request and direct that such person be permitted and authorized to qualify and act as such guardian in any jurisdiction even though such person may at the time be acting as the personal representative of my estate, without bond or security.

The Living Trust document provides for the administration of the Grantor’s property and estate, and provides direction for the payment of a child’s expense should the Grantor die while his or her children are minors.

The Pour Over Will can be used to suggest the person to be appointed guardian of the person of the minor child or children.

These two documents together will permit one to name a guardian for the minor children (via the Pour Over Will) and thereafter provide (via the Living Trust) a means and method for providing financial support for such minor child, through the appointed guardian.