How do I name a guardian for my children in New York?

By Ian Herrick — 2026-10-27

How do I name a guardian for my children in New York?

In New York you name a guardian for your children in writing, usually in your will. If you don't, a judge decides who raises them, choosing among relatives and friends who may disagree. A court still approves the person you name, but your written choice is what it starts from.

Two jobs, possibly two people

A guardian of the person raises your children: where they live, school, health care. A guardian of the property manages money left to them. You can name the same person for both or split the jobs, for example a sister who's a wonderful parent and a brother who's careful with money.

Why naming one person isn't enough

The Guardian Game Plan, included in every plan we write, covers all four.

How to choose

Ask who shares your values, who your children already know and trust, whether moving would uproot them, and whether the person is willing. Talk to them before you name them.

When to update it

After a birth, a move, a divorce, or when the person you named has a major life change. We include a free plan review every three years.

Book a free 15-minute call with our office to talk through who should raise your children.

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This material is provided for educational and informational purposes only. It does not constitute ERISA, tax, legal, or investment advice. You should separately consult an appropriate professional for advice tailored to your specific needs and circumstances.

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