Guardianship agreements are documents that let doctors, teachers, family members, and courts know who you want to look after your children if you are incapacitated or pass.  There are four types of guardianship agreements.


(1) Caregiver Affidavit
This type of agreement any family member can fill out who is taking care of a child even though they are not the legal guardian.  These forms are usually used if the parents are incapacitated or unable to care for the child for some period of time.  This form allows the guardian to enroll the child in school and make health care decisions under some circumstances.

(2) Guardianship Clause in a Will
This is the most common agreement and allows you to nominate a guardian in the event you pass. 

(3) Nomination of Guardian
This agreement allows you to nominate a guardian in the event the parents become incapacitated.  This form is used

Our guardianship agreement package includes all three of these documents if you are also ordering a will.  If you are not ordering a will, we will provide the first two forms and recommend you fill in a statutory short form will to appoint a guardian in the even you pass (we will provide the forms and instructions free of charge). 

(4) Joint Guardianship
Joint guardianship is a legal tool for terminally ill patients.  This tool allows a parent to transfer parental rights to another person while they are still alive and to keep their rights until they pass.  Upon death, full guardianship rights transfer automatically, which is can ease the emotional turmoil on children.  If you would like help setting up a joint guardianship, please give us a call or email us.

In order to put a guardianship agreement in place, you will need to make the following decisions:

(1)  Guardian of the Person 
A “guardian of the person” takes care of a child’s well-being, including education, religious upbringing, medical care, and day-to-day decisions.

(2) Alternate Guardian of the Person
In the event your first choice is unwilling or unable to serve,  an alternate guardian can take their place.

(3)  Guardian of the Estate
If you are leaving your child property or assets you will also need to decide who is going to be the guardian of the estate.  A guardian of the estate manages the child’s property and assets. You may name one person to have both sets of responsibilities or name separate people.  You can name any adult as the Guardian of the Estate of your child.   By law, a bond is not required, but an estate guardian is entitled to reasonable compensation from the gift property.  Often, when a custodian is a close friend or relative, they chose not to be paid.

It is normally a good idea to select to the same person to be the guardian of the estate and guardian of the person.    If the person you have selected to be the child’s guardian is not competent to handle finances, you should consider naming someone else whom you trust to manage the finances. 

(4) Alternate Guardian of the Estate
In the event your first choice is unwilling or unable to serve,  an alternate guardian can take their place.

(5) Age Guardianship Ends
If you are leaving assets for your child or children, you should also decide when you would like any remaining assets to be given to the child.  You can choose any age between 18-25. If you do not choose an age, the court will assume your child should receive the assets at the age of 18.

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