Guardianship for Minor Children
How to nominate a guardian, how much weight courts give your choice, and why the money should be handled separately.
Key facts
- Parents of children under 18 are the largest group of Americans without a will (Caring.com 2025 survey).
- You nominate a guardian in your will; a court confirms the appointment under a best-interest-of-the-child standard.
- Guardianship of the person (who raises the child) and of the property (who manages the money) can be split.
How nomination works
A guardian nomination is made in your will. If both parents die or are unable to care for the child, the court appoints a guardian, giving strong deference to the parents' nomination unless it is clearly contrary to the child's best interest. Without a nomination, the court chooses among willing relatives with no signal about your wishes — and family disputes over custody become far more likely.
Always name at least one alternate, and revisit the choice as your children and candidate guardians age. In Delaware, guardianship of minors is governed by Title 13 of the Delaware Code.
Separate the child from the money
The person best suited to raise your children isn't always the person best suited to manage a life-insurance payout. Guardianship of the person and management of the child's property can be assigned to different people. Most plans route the money through a trust with an independent trustee, which also lets you delay full distribution beyond age 18 — the default age at which a child would otherwise take control outright.
References
This guide is educational only and is not legal, tax, or investment advice. Laws vary by state and change over time; confirm current figures with the linked primary sources or a licensed professional in your state.
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