How do I name a guardian for my children in New York?
By Ian Herrick — 2026-10-27
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
- Your first choice may not be able to serve. Name backups, in order.
- The court can only follow what's written. If there's someone you would never want raising your children, say so, and why.
- A will takes time to act on. The guardian named in a will can't act until a court admits the will to probate. If something happens tonight, your children need someone authorized tonight. Our plans let you name both: a short-term guardian who can step in right away, and a long-term guardian to raise your children.
- A name says nothing about how they're raised. You can leave guidance on schooling, faith, family relationships and the things that matter to you.
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.
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.