How to Name a Guardian for Your Children in Michigan

If you are a Michigan parent with children under 18, naming a guardian is the single most important thing your estate plan does. Not the house. Not the bank accounts. Those matter, but your children matter more. If something happens to both parents, the person you name as guardian is who raises your kids. If you do not name someone, a probate judge who has never met your family makes the decision. This guide explains exactly how to do it under Michigan law, what the legal requirements are, and how to make your nomination legally binding without hiring an attorney.

Why Naming a Guardian Matters

No parent wants to think about this. But consider what happens if both parents die in a car accident, and there is no guardian named anywhere:

• Your children become wards of the state temporarily until the probate court can hold a hearing
• Family members who want custody must file a petition with the court
• If multiple relatives petition, the court holds a contested hearing to decide
• The judge decides based on "the minor's welfare" -- a broad standard that may not align with what you would have wanted
• Your children may end up with someone you would never have chosen

All of this is avoidable. Under Michigan law, a parent who names a guardian in a will or a separate written document gets priority over any guardian the court might appoint on its own. Your nomination carries real legal weight, and the court will honor it unless there is a compelling reason not to.

What Michigan Law Says

Guardian nominations for minor children in Michigan are governed by MCL 700.5202 of the Estates and Protected Individuals Code (EPIC). The statute is clear and straightforward:

"The parent of an unmarried minor may appoint a guardian for the minor by will or by another writing signed by the parent and attested by at least 2 witnesses."

Here is what that means in plain language:

• Who can nominate: Either parent of an unmarried minor child
• How to nominate: In your will, or in a separate written document
• Requirements: The document must be signed by you and witnessed by at least two people
• When it takes effect: The nomination becomes effective when both parents are dead, or the surviving parent has no parental rights or has been declared legally incapacitated
• Revocable: You can change or revoke your guardian nomination at any time while you are alive and competent

Priority rules

Under MCL 700.5204(4), a guardian appointed by a parent in a will or written document has priority over any guardian the probate court might appoint. If both parents named guardians and both parents are dead, the nomination made by the parent who died last controls. This means if your spouse dies first and named their brother, but you die later and named your sister, your nomination takes priority.

The 14-year-old rule

Under MCL 700.5203, a minor who is 14 years or older can file an objection to the guardian you named. The objection does not automatically override your choice -- the probate court will hold a hearing and decide what serves the child's best interests. But it is something to keep in mind if you have teenagers. Having a conversation with them about your choice can prevent problems down the road.

Will vs. Separate Document

Michigan gives you two options for making your guardian nomination legally binding. Both are valid under MCL 700.5202.

Option 1: Name a guardian in your will

This is the most common approach and the one most estate planning attorneys recommend. When you include a guardian nomination in your will, everything is in one place. The will already meets the signing and witnessing requirements, so the guardian nomination is automatically valid when the will is valid.

The downside: your will only takes effect after your death and after it goes through probate. If your will is stored somewhere your family cannot find quickly, there could be a delay before the guardian nomination is discovered.

Option 2: Name a guardian in a separate written document

Michigan law specifically allows guardian nominations in a standalone document -- it does not have to be part of a will. The document must be signed by the parent and witnessed by at least two people. This option is useful if:

• You want to name a guardian immediately and are not ready to complete a full will yet
• You want to give a copy of the nomination to the guardian, your family, or your children's school without sharing your entire will
• You want to update the guardian nomination without changing your will

The best practice is to name the guardian in your will and also keep a copy of the nomination in a place where your family can find it quickly. The CreateMIWill Will Kit includes a guardian nomination section in the will template and clear instructions for completing it.

How to Choose the Right Guardian

This is the hard part. The legal paperwork is straightforward. Deciding who should raise your children if you cannot is emotionally difficult. Here are the practical factors to consider:

Values and parenting style

The guardian will be making daily decisions about your children's lives -- discipline, education, religion, diet, screen time, everything. Choose someone whose values and parenting approach are compatible with yours. They do not need to be identical, but they should not be fundamentally opposed to how you are raising your kids.

Age and health

Your parents might be your first instinct, but consider their age and physical ability to raise children for 10 or more years. A 70-year-old grandparent might be a loving choice for a 16-year-old but an impractical choice for a 3-year-old.

Location

Will your children need to move? Changing schools, leaving friends, and moving to a new city adds trauma on top of an already devastating situation. If your preferred guardian lives nearby, that is a significant advantage. If they live in another state, factor in the disruption.

Financial stability

Raising children is expensive. Your guardian does not need to be wealthy, but they should be financially stable enough to absorb the responsibility. If you have life insurance or savings that will fund your children's care, make sure the guardian knows about it and has access to it. Consider setting up a trust to hold the funds and naming a separate trustee to manage the money.

Willingness

Never name a guardian without asking them first. This is a massive responsibility, and some people will say no -- and that is okay. Have the conversation before you put their name on the document. Ask your backup choice too.

Always name an alternate

Your first-choice guardian might not be able to serve when the time comes. They could be dealing with their own health issues, going through a divorce, or have moved overseas. Always name at least one alternate guardian so the court has a backup if your first choice cannot accept.

Can You Name Different Guardians for Different Children?

Yes. Michigan law allows you to name different guardians for different children. You might do this if one child has special medical needs that a specific family member is better equipped to handle, or if there is a large age gap between your children.

However, courts generally prefer to keep siblings together unless there is a compelling reason to separate them. If you are naming different guardians for different children, include a written explanation of your reasoning. This helps the probate judge understand your decision and makes it more likely the court will honor your wishes.

Michigan's New Standby Guardian Law

Michigan recently updated its guardianship laws to include a standby guardian provision. A standby guardian is someone you pre-designate to step in immediately if you become incapacitated or are unable to care for your children -- even temporarily. This is different from a regular guardian nomination, which only takes effect when both parents are dead or permanently incapacitated.

The standby guardian law is particularly useful for:

• Single parents who might be hospitalized
• Parents with serious medical conditions
• Military parents facing deployment
• Any situation where a parent might temporarily be unable to care for their child

The standby guardian can begin acting immediately upon your incapacity, without waiting for a court hearing. If you recover, your parental rights resume automatically. The Michigan courts have updated their forms to support this process.

Step-by-Step: How to Do It Yourself

1. Decide who you want. Use the factors above to choose a primary guardian and at least one alternate. Talk to both of them before proceeding.
2. Include the nomination in your will. Your will should have a section specifically naming the guardian for your minor children, identifying each child by full name and date of birth, and naming the alternate guardian.
3. Sign with two witnesses. Michigan requires your will to be signed by you and witnessed by at least two adults. The guardian nomination is part of the will, so it is covered by the same execution. If you are using a separate document instead, it must also be signed by you and witnessed by two people.
4. Write a letter of instruction (optional but recommended). This is a non-binding letter to your guardian explaining your wishes for your children's upbringing -- education preferences, religious guidance, values you want instilled, how you want certain situations handled. It has no legal force, but it gives your guardian a roadmap.
5. Tell people where the document is. Your guardian nomination is useless if nobody can find it when it matters. Tell your nominated guardian, a close family member, and your personal representative (executor) where your will is stored.
6. Review and update. Life changes. Relationships change. Review your guardian nomination every 2 to 3 years or after any major life event -- divorce, remarriage, falling out with the guardian, a move to a new state. Updating the nomination is as simple as executing a new will or a new written document that supersedes the old one.

What Happens If You Do Not Name a Guardian

If both parents die without naming a guardian, the probate court appoints one under MCL 700.5204. Here is what that process looks like:

1. Someone -- a relative, a friend, or a state agency -- files a petition with the probate court asking to be appointed guardian
2. If multiple people file competing petitions, the court holds a hearing
3. The court considers "the minor's welfare" as the overriding factor
4. A guardian ad litem (a lawyer appointed to represent your child's interests) may investigate and make a recommendation
5. The judge makes a decision

This process can take weeks or months. During that time, your children are in limbo. They may be placed with a temporary guardian, a relative, or in some cases, with child protective services. The outcome is uncertain, stressful for your children, and entirely avoidable.

If a minor is 14 or older and no guardian has been nominated, the child can nominate their own guardian, and the court must appoint that person unless it would be contrary to the child's welfare.

Frequently Asked Questions

Does a guardian nomination guarantee the court will appoint my choice?

Not 100%, but it is very close. Under MCL 700.5204(4), your nomination has priority over any other appointment the court might make. The court will honor your choice unless it finds that the appointment would be contrary to the child's welfare -- a high bar. In practice, courts almost always follow the parent's nomination.

Can the other parent override my guardian nomination?

If both parents name different guardians, the nomination of the parent who dies last controls under MCL 700.5202(2). If you and your co-parent disagree, whoever survives longer has the final say. For divorced parents, this means your ex-spouse can name a different guardian in their own will, and if they outlive you, their choice prevails.

Does my guardian automatically get control of my children's money?

No. A guardian has physical custody and decision-making authority for the child, but does not automatically manage the child's financial assets. If your children inherit money or life insurance proceeds, a separate conservator may need to be appointed to manage those funds -- or you can set up a trust in your will that names a trustee to handle the money. This is actually a smart approach: the person who raises your kids and the person who manages their money can be different people.

Do I need an attorney to name a guardian in Michigan?

No. Michigan law does not require an attorney to create a will or to nominate a guardian. You need a written document, your signature, and two witnesses. An attorney-drafted template ensures the language is correct and the nomination meets all legal requirements, but you can complete it yourself. That is exactly what the CreateMIWill Will Kit is designed for.

What if my nominated guardian does not want to serve when the time comes?

Under MCL 700.5204(4), the nominated guardian must accept the appointment within 28 days after receiving notice of the guardianship proceeding. If they do not accept, the court can proceed to appoint someone else. This is why naming an alternate guardian is critical.

Can I name a guardian if I am a single parent?

Absolutely. In fact, it is even more important for single parents to name a guardian because there is no second parent to assume custody. If you are the sole custodial parent and you die without naming a guardian, the non-custodial parent may petition for custody -- even if they have been largely absent. If that is not what you want, naming a guardian and including a written explanation of your reasons gives the court the information it needs to consider your wishes.

Protect Your Children with the Right Documents

Naming a guardian takes about five minutes once you have made the decision. The legal paperwork is simple. The hardest part is choosing the person and having the conversation. Do not put this off because the paperwork feels intimidating -- it is not. A Michigan-specific will template walks you through it step by step.