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The Heritage Law Center, LLC Blog

Choosing a Guardian for Your Children in Massachusetts

POSTED ON: November 3, 2020


If you have a minor child, it’s important for you to name a guardian to ensure that your child will always be taken care of by the people you want, in the way you want, no matter what happens.

A guardian will make decisions on behalf of your child to make sure your child is healthy, protected, and loved. It’s so important to make a good decision when choosing a guardian for your children in Massachusetts and there are a lot of things to consider.

  • How close the potential guardian lives to where you and your child currently live?
  • Will the lifestyle of this person make it possible for them to parent your child the way you want?
  • Does the guardian have the time and energy for parenting?
  • Do the religious and moral beliefs of the guardian mesh with those of your family?
  • Do the age and health of the person make it feasible for them to parent your child?
  • Does the potential guardian have a parenting style you believe would work for your child? Are you comfortable with their views on education and discipline?
  • Is the potential guardian someone with whom your child already feels comfortable?
  • If the potential guardian has other children, how would your child fit in?
  • If the person is married, are you comfortable with their spouse also raising your child?
  • Is the person financially stable and able to competently manage their money? If they don’t have money, will you be leaving them enough money to cover expenses for your children?

Once you’ve determined who you want to be the guardian and they’ve accepted the position, what’s the next step? You must legally document your wishes. If you don’t, and you pass away or are unable to care for your child, child protective services usually get involved, which can cause your child additional trauma when they’re already going through a trying time.

As a child guardianship attorney in Massachusetts, I’ll work with you to legally document a guardian for your child (and a back-up guardian) as well as develop a child protection plan to ensure that your child will be taken care of by the people you want. Contact me at or 617.485.0452 to set up a free, confidential consultation.