How to Choose a Guardian for Your Minor Children

The Custody Appointment in a Will

If you have children under the age of 18 in Ontario, your Will is the only legal document where you can express your binding wishes regarding who will raise them if both parents pass away. This is called appointing a Guardian of the Person.

Note: In Ontario, a guardianship appointment in a Will is technically valid for only 90 days. During that 90-day window, the named guardian applies to the court for permanent custody. Judges almost always honor the parents' written wishes unless the named guardian is wildly unfit.

Key Considerations When Choosing a Guardian

This is often the hardest decision parents make, frequently causing couples to delay making a Will for years. Break the decision down using these criteria:

• Parenting Style & Values: Does this person share your moral, religious, and educational values? Do you respect how they raise their current children?
• Age and Health: Your aging parents (the grandparents) might be loving, but do they have the physical stamina to chase a toddler or handle a rebellious teenager ten years from now?
• Location: Will naming this person uproot your children from their schools, friends, and support network? If the guardian lives in another country, complex immigration issues can arise.
• Financial Acumen: The guardian of the children does not necessarily have to be the person managing the money. You can name your loving-but-broke sister as the Guardian, and your financially-savvy brother as the Trustee of the child's inheritance.

Always Name an Alternate

Circumstances change. The couple you name as guardians might get divorced, move to Australia, or simply decline the enormous responsibility when the time comes. Always explicitly name a backup guardian in your Will.