Guide · Guardians

How to Choose a Guardian for Your Children

Questions to ask, how to talk with the people you're considering, and why to name a backup.

By Brian Musell7 minute readNovember 2026
How to Choose a Guardian for Your Children

Naming a guardian is often the hardest part of a will. You are asking someone to raise your children if you cannot. That is a real conversation, not a blank on a form.

The short answer

What a guardian does

A guardian of the person makes day-to-day decisions: school, health care, and where your children live. Someone else can manage money left for them, either as a conservator, a trustee, or the personal representative of your estate. Splitting those roles is common when the best caregiver is not the best money manager.

Questions worth asking

  • Would they raise your children in a way that feels like home?
  • Do they have the time, health, and support to say yes?
  • How would your children fit into their household?
  • Are they willing to work with whoever manages the money?

There is no perfect person. You are looking for someone who will show up, not someone who matches you in every way.

Talk with them first

A surprise in a will is a hard way to find out. Tell the person what you are asking, what the role would involve, and that you have named a backup. Give them room to decline. If they say yes, write it down so a judge is not guessing later.

Why a backup matters

The first person you name may move, become ill, or already be raising children of their own when the time comes. A backup keeps the court from choosing for you. Review the names when your family, theirs, or your children's needs change.

How this fits your will

A will is where you name a guardian for minor children in Colorado. Companion documents, like a trust or a letter of wishes, can support the person you choose. Bring your list of names to the consultation. We will talk through backups before anything is signed.

This guide is general information, not legal advice, and reading it does not create an attorney-client relationship. Laws change, and every family is different.

Your next step

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