Reston, Virginia · Wills & Estate Planning
A guardianship designation is the part of your will that names who would raise your minor children if both parents were gone. In Virginia, every parent can name that guardian by will, along with a backup. In Reston, it is the one document that keeps a judge from having to guess, and your relatives from having to argue, about who steps in. If you have young children and nothing in writing, this is the place to start.
By Alisa Chunephisal, Esq. · Founding Partner, NOVA Legal Professionals
This article is one part of our larger estate planning guide. For the full picture, start with our cornerstone, Wills and Estate Planning in Virginia. Here, I will focus on the guardianship designation and how it protects your children in Reston.
What a guardianship designation does
A guardianship designation names the person who would step into your shoes as a parent if both you and your children’s other parent were gone. Virginia lets every parent make this appointment in a will. You name who, and you can set a first choice and a backup in case your first choice cannot serve. It is usually written right into your will rather than kept as a separate document. The whole point is that the decision is made by you, in advance, and not left to a court and a grieving family in the moment. You can read more on our guardianship designation page.
Guardian of the person and guardian of the estate
Virginia actually recognizes two roles, and they do not have to be the same person. A guardian of the person has day-to-day responsibility for raising your child: housing, schooling, medical care, and everything that goes with parenting. A guardian of the estate manages any money or property the child inherits until they come of age. Some parents name one trusted couple for both. Others pick a warm, hands-on relative to raise the children and a careful, money-minded person to manage the inheritance. We help you think through which structure fits your family.
Name a first choice and a backup
Life does not always cooperate with a single choice. The person you would pick today might move away, fall ill, or simply decline the responsibility when the time comes. That is why we always build in at least one alternate. Naming a backup means that if your first choice cannot serve, your second choice steps in automatically, and the decision still belongs to you rather than to a judge. It costs nothing to add and it closes a gap that otherwise causes real trouble.
A Named Guardian Does Not Push Out a Fit Parent
One point that reassures divorced and separated parents: naming a guardian in your will does not take your children away from their other parent. Under Virginia law, a guardian of the person you name does not get custody so long as the other parent is living and is fit to have custody. The designation is your plan for the situation where neither parent is there. It is not a way to cut the other parent out, and it should not be sold to you as one.
Have young children in Reston?
Tell me about your family, and I will help you name the right guardian and a backup in a will that holds up. The first conversation is easy and there is no pressure.
What happens with no designation
If both parents are gone and no guardian was named, a Virginia court decides who raises your children. Relatives can petition, and the judge chooses based on the child’s best interests, but the people closest to you may disagree about who that should be. That uncertainty can turn into a painful court fight at the worst possible time, with your children caught in the middle. A guardianship designation does not guarantee a judge will rubber-stamp your choice, but your written wishes carry real weight and usually settle the question before it becomes a dispute.
The money side follows a different path
Naming a guardian handles who raises your children. It does not, by itself, handle how their inheritance is managed. A guardian of the estate in Virginia generally has to post a bond and file accountings with the court, which is workable but adds cost and paperwork. Many parents prefer to pair the guardianship designation with a testamentary trust, which holds the money on terms you set and often runs more smoothly. We look at both pieces together so the people and the money are each handled the way you want.
How we help in Reston
We help you choose a guardian and a backup, decide whether the same person should manage the money, and write the designation into a valid will. We also coordinate it with the rest of your plan, so guardianship, inheritance, and your other documents all point the same direction. We serve families across Reston and the Route 7 and Wiehle corridor. You can read more on our guardianship designation page.
“Naming a guardian is the hardest conversation young parents avoid. It is also the one that lets them sleep at night once it is done.”
Alisa Chunephisal, Esq. · Founding Partner
Alisa’s Honest Counsel
Name a guardian and at least one backup, because a single choice can fall through when the moment actually comes. Decide on purpose whether the person raising your children should also manage their money, since those are different skills. And pair the designation with a plan for the inheritance, so the money is handled as carefully as the children are.
A guardian named in a valid will, with a backup and a plan for the money, is how you make sure your children are raised by the people you would have chosen.
Authoritative References
Sources
- Code of Virginia, § 64.2-1701. Lets every parent appoint, by will, a guardian of the person and of the estate of a minor child, and provides that a named guardian of the person does not take custody while a fit parent is living.
- Code of Virginia, § 64.2-1702. Addresses court appointment of a guardian for a minor when none has been named.
- Code of Virginia, § 64.2-1704. Sets the bond requirement for a guardian of a minor’s estate.
- Code of Virginia, § 64.2-403. The requirements for a valid will, the document in which a guardian is named.
Virginia authority verified as of June 2026. Every estate plan turns on your own family and assets; confirm the current rules and what fits your situation.
Frequently Asked Questions
How do I name a guardian for my children in Virginia?
You name the guardian in your will. Virginia lets every parent appoint a guardian, and a backup, for a minor child’s person and estate. It is usually written right into the will.
Does naming a guardian affect my child’s other parent?
No. A guardian you name does not take custody while the other parent is living and fit to have custody. The designation is your plan for when neither parent is there.
What if I do not name a guardian?
A court decides who raises your children based on their best interests, and relatives may disagree, which can lead to a painful dispute. A written designation usually settles the question in advance.
Should the guardian also manage my child’s inheritance?
Not necessarily. Raising a child and managing money are different jobs. Many parents name a guardian for the person and use a testamentary trust to hold the money on set terms.
When You Are Ready
Let’s name the right guardian for your children in Reston.
Tell me about your family, and I will help you name the right guardian and a backup in a will that holds up. The first conversation is easy and there is no pressure.