Naming a guardian for your children in Florida

Why a will is the only place to do it

If both parents die without nominating a guardian, a Florida court decides who raises the children — choosing among relatives who petition, sometimes in conflict, and without knowing your wishes. A nomination in your will gives the court your choice to follow (the court still confirms it is in the child’s best interest).

What to consider

Think about shared values and parenting style, stability, location (would your children have to move?), the guardian’s age and health, and their relationship with your children. The "obvious" relative is not always the best fit.

Caregiving vs. money

You can separate roles: one person can raise your children (the guardian) while another manages money left for them (a trustee under a trust, or a custodian). Pairing a great caregiver with a careful money manager is a feature, not a compromise — and a trust for minors avoids a separate court-supervised guardianship of the property.

Name an alternate, and have the conversation

Always name a backup guardian. And talk to the people you choose — raising someone else’s children is an enormous commitment that deserves a real conversation. EstateDraftFL’s Florida will lets you nominate a guardian and an alternate; for complex family situations, a licensed Florida attorney can help.

Frequently asked questions

Who decides guardianship in Florida if I don’t name a guardian?

A Florida court decides, choosing among relatives who petition. Naming a guardian in your will tells the court who you would choose, and courts give that preference significant weight.

Can I name different people as guardian and money manager?

Yes. Many Florida parents name one person to raise their children and another (a trustee or custodian) to manage the money left for them.

General information about Florida law, not legal advice.