Becoming a parent changes the way you think about everything, including what happens if you are no longer there. If something were to happen to both you and your spouse, the person you name as guardian is the one who would step in to raise your child.
Without that nomination documented, a Tennessee court makes that decision without formal input from you. While a judge will consider your child’s best interests, courts give significant weight to a clearly documented nomination. Without one, the decision falls entirely to someone who does not know your child, your family or your values.
Questions to ask before naming someone as guardian
This is a deeply personal decision, and there is no single right answer. These questions can help guide your thinking:
- Will this person raise your child in a way that reflects your values and beliefs?
- Is this person emotionally willing and practically prepared to take on the responsibility, possibly alongside their own children?
- Where does this person live, and would your child need to relocate? How would that affect their school, friendships and sense of stability?
- Is this person realistically able to care for your child through childhood and into adulthood given their age and health?
- Does your child already know and trust this person?
It is also worth naming a backup guardian in case your first choice is unable or unwilling to serve when the time comes. Keep in mind that the person you choose to raise your child does not have to be the same person who manages their inheritance. Separating those roles can provide an additional layer of protection.
What to do once you have made your choice
In Tennessee, you can designate a guardian through a validly executed will, a revocable living trust or a standalone written declaration specifically nominating your choice. Whichever document you use, it must clearly express your intent and be properly executed to carry statutory weight in court.
Your nomination does not automatically make someone your child’s guardian. If both you and your spouse pass away, the person you named must still petition the court and receive a formal appointment. However, a clear nomination in a properly drafted document significantly strengthens that process and reduces the likelihood of family disputes.
Your guardian nomination can change as life does
Your choice is not permanent. As your child grows and your circumstances change, you can and should revisit your decision. An estate planning attorney in Knoxville can help you put your wishes in writing in a way that is legally sound and easy to update when life requires it.