How Do I Name a Guardian for My Kids in Arizona?
By Anjali Patel
When you’re a parent, the hardest “what if” question is: Who would take care of my children if something happened to me?
Naming a guardian is one of the most important parts of estate planning for Arizona families. Without clear instructions, a court decides — and that may not be the person you would have chosen.
Here’s what you need to know about naming a guardian for your children in Arizona.
What Is a Guardian?
A guardian is the person who will raise your minor children if you are no longer able to do so. They make everyday decisions about schooling, medical care, and where your children live.
In Arizona, guardians are formally appointed by the court. But when you nominate someone in your will, the judge almost always honors your choice — unless there’s a strong reason not to.
Why Naming a Guardian Matters
If you don’t name a guardian:
Family members may fight over who should raise your children.
A judge decides based on Arizona law, not your values.
Your children could even be placed temporarily with someone you wouldn’t have chosen.
By making your choice in advance, you give your kids stability and reduce the chance of family conflict.
How to Choose the Right Guardian
When thinking about guardianship, consider:
Values and parenting style – Will they raise your children in a way that aligns with your own values?
Age and health – Are they likely to be healthy and available until your children are grown?
Location – Would your children need to move schools or states?
Financial stability – Can they handle the responsibility (with or without financial support from your estate)?
Willingness – Have you spoken to them about taking on the role?
Can I Name More Than One Guardian?
Yes. Many parents name a first choice and then one or two backups in case their preferred guardian can’t serve.
You can also separate roles:
Guardian – Raises your children.
Trustee or conservator – Manages the money and estate for your children.
This separation lets you balance different people’s strengths.
Guardianship When Parents Are Divorced in Arizona
If you are divorced or separated, guardianship works differently:
If the other parent is alive and fit, Arizona law gives them priority to care for the children, even if you nominate someone else.
If both parents are deceased or unable to serve, your nominated guardian becomes critical. The court will look at your choice first.
If you’re concerned about your ex-spouse, you can’t automatically prevent them from becoming guardian. But you can document your concerns in your estate plan. A judge may consider this if there are serious questions about fitness.
Tip: Divorced parents should review custody orders, parenting plans, and estate documents to make sure everything aligns.
How to Officially Name a Guardian in Arizona
Include your nomination in your will. This is the clearest, most common way.
Consider a “standby guardianship” form. Arizona allows you to give temporary authority if you’re incapacitated but still alive.
Review and update regularly. As your children and relationships grow, your choice may change.
FAQs About Guardianship in Arizona
Can I name a couple as co-guardians?
Yes, but be cautious: if the couple later divorces, the court may need to revisit the arrangement.
What if I don’t have anyone I trust?
Consider close friends or extended family. You can also split responsibilities between guardian and trustee.
Does the guardian automatically control the money too?
Not necessarily. You can separate those roles so one person raises your children and another manages the estate.