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Document 04 · The Basic Estate Plan
Who raises your children if you cannot.
For parents of minor children, a guardianship designation names the person who will raise your children if both parents are gone. It is usually included inside your will, with a primary choice and a backup. For many parents, it is the most important line in the whole plan.
First call is a conversation, not a commitment.
The Short Answer
A guardianship designation names who will raise your minor children if both parents pass away. You put it inside your will, name a primary choice and a backup, and a Virginia court treats that choice as strong evidence of your wishes. Without it, the court decides on its own.
How It Works
Naming a guardian, step by step.
A guardianship designation is simple to put in place and powerful in effect. Here is how it works in Virginia.
1
You choose the person
You decide who would raise your children if you and the other parent were both gone. It is worth thinking about values, stability, location, and whether the person is genuinely willing to take it on, not just who feels obvious.
2
You name a backup
Life changes, and your first choice may not be able to serve when the time comes. Naming a backup guardian keeps the decision in your hands rather than defaulting to a court if your primary choice cannot step in.
3
It goes inside your will
The designation is usually written into your will. That keeps it in one place with the rest of your instructions, and a guardian named in a valid will carries real weight with the court.
4
A court confirms it
A Virginia court still formally appoints the guardian and keeps the child's best interests as its standard. But your named choice is treated as strong evidence of your wishes, which makes it far more likely to stand.
§
Virginia's testamentary guardian rule
Virginia recognizes a guardian named in a parent's will. The relevant law is found at Va. Code § 64.2-1701. While the court retains its role and the best-interests standard always governs, a guardian you name in a valid will is given serious weight, which is exactly why naming one matters.
Statutes change. Confirm the current rule before relying on this. This page is general information, not legal advice for your situation.
Why It Matters
The decision you do not want to leave open.
Of every choice in an estate plan, this is the one parents care about most, and the one a court is least equipped to make for you.
01
You Choose, Not a Judge
You decide who raises your children, rather than leaving a court to choose among relatives who may all want to step in, or none who can.
02
Primary and Backup
Naming both a first choice and a backup keeps the decision yours even if circumstances change before it is ever needed.
03
Fewer Family Disputes
A clear, written choice lowers the risk of relatives disagreeing over custody at the worst possible time for everyone.
04
Paired With a Trust
Guardianship decides who raises the children; a testamentary trust decides how their inheritance is managed. The two work together.
Worth Knowing
Guardian of the person, and of the money.
Raising a child and managing a child's inheritance are two different jobs. You can give them to the same person or split them on purpose.
+ What the designation does
- Names who raises your children day to day
- Lets you set a primary choice and a backup
- Carries real weight as evidence of your wishes
- Can be paired with a trust for the children's money
− What to keep in mind
- A court still formally confirms the appointment
- The best person to raise children may not be the best with money
- The choice should be revisited as your family changes
- An outdated designation can name someone no longer right
Alisa Chunephisal, Esq.
Family Law Attorney
From the Attorney
"If you have young children, this is the page I tell you to get right first. Everything else can wait a week. This cannot."
Parents often spend the most time on who gets which assets, when the question that actually keeps them up at night is who would raise the kids. That question deserves the most thought, and it belongs in writing.
A small thing that matters: talk to the person before you name them. Make sure they are willing. And consider whether the right person to parent your children is also the right person to manage their inheritance, because you can name different people for each.
The Full Plan
Explore the rest of the estate plan.
01 Last Will & Testament →
02 Power of Attorney →
03 Advance Medical Directive →
04 Guardianship Designation You are here
05 Beneficiary Coordination →
06 Testamentary Trusts →
07 Post-Divorce Updates →
08 Blended-Family Planning →
09 Special-Needs Provisions →
10 Business Owner Planning →
11 Non-Traditional Families →
12 Plan Reviews →
Questions Families Ask
Plain answers about guardianship.
What is a guardianship designation?
It is the part of your estate plan that names who will raise your minor children if both parents pass away. In Virginia it is usually included inside your will, and you can name a primary choice and a backup. Virginia law on guardians named in a will is found at Va. Code § 64.2-1701.
Where do I name a guardian in Virginia?
Most parents name a guardian inside their will. That keeps the choice in one place alongside your other instructions, and a guardian named in a valid will carries real weight with a Virginia court. You can name a primary guardian and a backup in case the first choice cannot serve.
Is a court bound by the guardian I name?
Not strictly. A court still confirms the appointment and keeps the best interests of the child as its guiding standard, but a guardian named in a valid will is treated as strong evidence of your wishes. That makes your choice far more likely to stand and far less likely to spark a family dispute.
What if I do not name a guardian?
If both parents are gone and no guardian is named, a Virginia court decides who raises your children based on petitions from interested family members, often with limited information about what you would have wanted. Naming a guardian in advance keeps that decision yours rather than leaving it to a judge and competing relatives.
When You Are Ready
Name the person you trust with your children.
Tell us about your family and who you have in mind. We will build the guardianship designation into your will, with a backup, and pair it with the rest of the plan so your children are protected in every direction. Three Northern Virginia offices, one phone number.