Nominating Guardians for Minor Children

Planning for your child’s future is one of the most important steps you can take as a parent. While no one likes to think about the possibility of being unable to care for their child, having a legally designated guardian ensures that your child will be cared for by someone you trust. In Washington State, RCW 11.130.215 governs the process and priorities for appointing a guardian for a minor. Understanding these rules can help parents make informed decisions and create a legally sound plan for their child’s care.

Here are the key points:

1. Priority of Nominee – The court will prioritize appointing a person nominated by a parent in a probated will or other legal document, unless it finds that the appointment is not in the best interest of the minor.
2. Multiple Nominations – The court will prioritize appointing a person nominated by a parent in a probated will or other legal document, unless it finds that the appointment is not in the best interest of the minor.
3. Minor’s Preference – If no guardian is appointed based on the parents’ nominations, the court will consider the minor’s preference if they are 12 years or older.

Importance of Nominating Guardians in Wills

Choosing a guardian in your will is a critical step in protecting your child’s future. It offers:

• Ensures Stability – It provides a clear plan for the child’s care, ensuring stability and continuity in their life.
• Reflects Parental Wishes – It ensures that the parents’ wishes regarding their child’s care are respected and followed.
• Reduces Legal Complications – It simplifies the legal process, reducing potential conflicts and delays in appointing a guardian.
• Protects the Child’s Best Interests – It helps ensure that the child’s best interests are prioritized, as the court will consider the parents’ nominations and the minor’s preferences.

Taking Action to Protect Your Child’s Future

Without a nominated guardian, the decision of who will care for your child is left to the courts, potentially leading to uncertainty and disputes among family members. By taking the time to nominate a guardian in your will, you ensure that your child’s care is entrusted to someone who shares your values and vision for their upbringing. This simple but powerful step can provide peace of mind, legal clarity, and security for your child’s future—no matter what lies ahead.