10 Common Guardian Goofs That Could Put Your Kids at Risk (and How to Get It Right)
Imagine this: something happens out of the blue, and you're not able to care for your kids. Total nightmare, right? In that moment, you'd want to be 100% sure your little ones are loved, safe, and raised by the people who share your values. But… have you locked that in legally?
A lot of parents think naming guardians in their will is enough. Hate to break it to you—it’s not. Miss a key step, and your kids could end up in the middle of a family tug-of-war or, worse, in the hands of strangers (even temporarily).
If something happened tomorrow, would your plan actually protect them?
With a Personal Family Lawyer® firm (hi, that’s us!), you’ll avoid those rookie mistakes and set up a guardianship plan that works when life doesn't go as planned. Because peace of mind shouldn’t be optional.
10 Totally Avoidable Guardian Mistakes (That Could Put Your Kids at Risk)
Thinking Your Will Has It Covered: Hate to break it to you, but your will only kicks in after you’re gone. What if you’re alive but can’t make decisions? You need separate legal docs for those “uh-oh” moments—because life doesn’t always wait for probate.
Planning Only for the Long Game: Love your long-term plan? Great. But who’s got your kids tonight if something happens to you on the way to Target? Short-term guardians matter—otherwise your babies could end up with strangers (even temporarily) while the courts figure it out.
Not Naming a Guardian At All (Yikes): If you don’t decide, the court will. And their pick? Might not be yours. Don’t roll the dice on one of the biggest decisions of your life.
Forgetting Backup Plans: Life happens. Your first choice might be unavailable. Always have a Plan B (and C). Backups aren’t optional—they’re essential.
Choosing Based on Wallets, Not Hearts: Sure, money helps—but love, values, and parenting style matter more. P.S. You can always assign someone else to manage the money. Care and cash don’t have to come from the same person.
Assuming “Godparent” = Legal Guardian: It doesn’t. Sorry, but that sweet convo at the baptism holds zero legal weight. Guardianship only counts if it’s on paper, done right.
Forgetting the Bigger Picture: It’s not just about who’s raising your kids—it’s about who’s making the calls on their health and finances, too. You’ll need powers of attorney and other tools to get this right.
Leaving Your Wishes a Mystery: Don’t leave your guardians guessing. Share your hopes, your parenting non-negotiables, and the “heck no’s.” Make it easier for the people stepping into your shoes.
Never Reviewing Your Plan: Kids grow. Relationships shift. Life changes. If your plan is older than your last iPhone upgrade, it’s time for a check-in.
Naming “The Perfect Couple” Without a Backup Plan: What if that perfect couple doesn’t stay so perfect? (It happens.) Spell out what should happen if your chosen guardians split—otherwise, the courts will decide for you.
There’s a Smarter Way to Protect Your Kiddos: Enter the Kids Protection Plan®
Look, naming a guardian in your will is great—but it’s just the tip of the iceberg. A Kids Protection Plan® is next-level parenting. It’s the “I’ve-got-this-handled” move that makes sure your babies are never left in limbo, with people you wouldn’t even let babysit—let alone raise your children.
At 20West Legal, I don’t mess around with cookie-cutter plans. Every Kids Protection Plan I create is custom-built to cover all the bases—short-term, long-term, emergency situations, and every “what if” in between. That means your kids won’t end up with strangers (or the state), even for a second.
You’ll get:
Legal docs that speak louder than chaos
Step-by-step instructions for caregivers and emergency responders
Designated short-term AND permanent guardians
Medical powers of attorney for your kiddos
And a beautifully crafted guide that shares your values, routines, and dreams—so your kids are raised your way, even if you’re not there
Bottom line: this isn’t just paperwork. It’s peace of mind for you and real protection for the people who matter most. Let’s get this done, mama.
Ready to Protect Your Kids (Like the Rockstar Parent You Are)?
Let’s be real—your kids are everything. So why leave their future up to chance, loopholes, or court-appointed strangers?
With a Kids Protection Plan® crafted by my Personal Family Lawyer® firm (that’s me), you’ll know—without a doubt—that your little ones will always be in the right hands, with the right people, no matter what life throws your way.
Ready to stop “thinking about it” and actually do it? Let’s get your plan in place.
Book your free 15-minute call with me—I'll answer your questions, ease your mind, and get you moving in the right direction: https://go.20westlegal.com/meeting-scheduler
This article is a service of 20WestLegal LLC. 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's why we offer a Planning Session, during which you will get more financially organized than you've ever been before and make all the best choices for the people you love. You can begin by calling our office in Sudbury, Massachusetts today to schedule an Estate Planning Session and mention this article to find out how to get this $750 session at no charge.
The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer® firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.