10 Guardian Planning Mistakes That Could Jeopardize Your Children’s Future (And How to Avoid Them)

No one likes to imagine it, but what would happen to your children if something happened to you tomorrow?

In an emergency—whether an accident, illness, or worse—you’d want to know with absolute certainty that your children would be raised with love, stability, and the same values you hold dear. But unless you’ve taken all the right legal steps, that may not happen. In fact, your children could be placed in the temporary custody of strangers or even wind up in the foster care system—at least for a short time—while the courts figure things out.

Sadly, most parents don’t realize that naming guardians in a will alone isn’t enough. That’s why at Starsia Law, we help families go beyond the basics to create a complete, legally sound Kids Protection Plan®—so your children are always cared for by the people you trust most.

Let’s take a look at the most common guardianship mistakes and how you can avoid them.

The 10 Most Common Guardianship Mistakes Parents Make

1. Believing a Will Is Enough
A will only goes into effect after your death—and even then, only after a court process. It doesn’t help if you become incapacitated. You need additional legal documents that ensure your children are protected immediately and at every stage.

2. Forgetting to Name Short-Term Guardians
If something happens to you today, who shows up right away to care for your kids? Without naming temporary guardians, your children could be taken by authorities until a long-term plan is sorted out. A Kids Protection Plan fills that critical gap.

3. Failing to Name Any Guardian at All
It’s uncomfortable to think about—but if you haven’t formally named a guardian, the courts will decide for you. And that may not be the person you’d choose.

4. Not Choosing Backup Guardians
Life is unpredictable. Your first-choice guardian might be unavailable. That’s why we always recommend naming at least one or two backups.

5. Choosing Guardians Based Solely on Finances
Money isn’t everything. What truly matters is whether your chosen guardians share your values and parenting style. You can always appoint a separate person (like a Trustee) to manage the finances, while someone else provides day-to-day care.

6. Assuming Godparents Are Legal Guardians
“Godparent” is a meaningful spiritual or cultural role—but it’s not a legal one. Unless you legally document your choices, they hold no authority in the eyes of the law.

7. Overlooking the Broader Picture
Guardianship is more than who raises your children—it also involves who makes healthcare or financial decisions for them. We help you put the right powers of attorney in place to cover every angle.

8. Not Sharing Your Wishes Clearly
Don’t leave your guardians guessing. Share your values, traditions, and parenting priorities. Our process includes creating written guidance to help them raise your children the way you would.

9. Forgetting to Update the Plan
Has your guardian moved? Have your kids grown? Has your relationship with a chosen guardian changed? Life evolves—your plan should, too. We’ll remind you when it’s time for a review.

10. Naming a Couple Without a Contingency Plan
Couples split. If your named guardians separate, what happens next? We help you plan for this so your children aren’t caught in the middle.

The Solution: A Kids Protection Plan®

At Starsia Law, we offer the Kids Protection Plan®—a customized legal safety net that ensures your children will always be cared for by the people you choose, in the way you would want.

Every Kids Protection Plan includes:

• Immediate guardianship documents to avoid temporary foster care.

• Instructions for emergency responders and caregivers.

• Medical powers of attorney for your children.

• Detailed guidance to help guardians understand your values and parenting wishes.

• Long-term guardianship designations with backups.

• Regular reviews and updates to keep everything current.

Most importantly, we help you pass on more than just legal authority—we help you pass on your love, wisdom, and hopes for the future.

Let’s Create a Plan That Gives You Peace of Mind

Your children are your world. Don’t leave their future to chance. With a Kids Protection Plan, you’ll have the confidence of knowing that no matter what happens, your family is prepared—and your children will always be in the most loving hands.

Ready to get started?
Click below to schedule a complimentary 15-minute consultation. I’ll walk you through the process and help you take the first step toward the peace of mind every parent deserves.

This article is a service of Starsia Law, a Personal Family Lawyer® Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life & Legacy Planning Session™, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. 

The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer® firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.