If you have minor children, you need to name guardians in the event that both yourself and your spouse (if you have a spouse) are not available to take care of them. Consider it a fundamental parenting responsibility! It is easier to do than warming up leftovers and costs you as much as printing words on paper.
Without it, a Judge would decide who cares for your children with no guidance from you. Unsuitable family members or strangers may raise your children.
The first thing is that you need to write it down. Depending on the state that you live in, you may be able to do this in a completely separate writing without a last will and testament. In this case, you would use a nomination of guardianship form. I am a California lawyer, so I have provided California specific documents.
Keep in mind that registration here and downloading documents does not constitute hiring a lawyer and is not a substitute for that. I recommend getting a lawyer and getting legal advice. However I realize this is something many people will want forms for to take care of right away, and that some parents cannot afford a lawyer and want to do this themselves.
For more information on guardianship, check out my short e-book (very short), a Guide to Guardianship for Muslim Parents.
Here is a list of templates for guardianship I have made available for those who registered.
- Nomination of Guardian form
- Nomination of Guardian form with a Shura (for parents who cannot decide)
- Nomination of Guardian form for people with family overseas
- California last will and testament with guardianship provisions.
I do anticipate adding additional templates, particularly for states other than California as I take some more time to develop them.
Please feel free to share this website with your friends and family who have children so they can download the documents for free. Please note these templates are free to use for everyone. However I do not discuss general templates or provide legal advice to non-clients.