For Miami parents, no estate planning decision is more emotional than choosing who would raise your children if you couldn’t. Many parents put off their wills entirely because they can’t settle this single question. Here are the answers that help families move forward.
If something happened to us, who decides who raises our kids?
If you have named a guardian in a valid Florida will, you have given the court your clear preference, and judges give that nomination strong weight. If you say nothing, a Florida court will decide based on the child’s best interests, and that may mean a relative you would not have chosen, or a contested fight among family members in Miami-Dade probate court. Naming a guardian keeps the decision in your hands.
How do I actually name a guardian?
You name a guardian in your last will and testament, executed under Florida law (section 732.502) with the required signatures and two witnesses. This is part of why every parent of minor children needs a will, even one with modest assets. A guardian named in a properly executed will carries far more authority than a note in a drawer or a verbal promise to a sibling.
Should the guardian also manage the money?
Not necessarily, and often it’s wiser to separate the roles. The person who is wonderful at raising children may not be the best at managing finances. Many Miami parents name one person as guardian of the person and create a trust managed by a separate trustee to hold and dispense funds for the children. This way the caregiver focuses on parenting while a trusted financial manager handles money for education, health, and support until the children reach an age you choose.
What should I consider when choosing?
Think beyond your first instinct. Consider the candidate’s age and health, their values and parenting style, whether your children would have to leave their Miami schools and friends, and their willingness to take on the role. Geography matters: a guardian in Broward keeps kids near home, while one out of state means a bigger life change. Always have an honest conversation with the person before naming them.
Should I name a backup?
Absolutely. Name at least one alternate guardian in case your first choice can’t serve when the time comes due to illness, relocation, or a change of heart. Without a backup, you risk leaving the court to decide after all.
What about a temporary caregiver in an emergency?
A will only takes effect after death, so some Florida parents also sign documents authorizing a trusted adult to care for their children in a short-term emergency, such as a hospitalization. This bridges the gap until a permanent arrangement is sorted out and prevents children from being placed with strangers even briefly.
The bottom line
Naming a guardian is the single most important reason for Miami parents to make a will. It is not about expecting the worst; it is about making sure that if the worst happens, your children are raised by people you trust, on your terms. A Florida estate planning attorney can help you document your wishes clearly and avoid a court contest.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.
For more on our Florida practice, see our overview of estate planning in Palm Beach. Morgan Legal Group's affiliated New York office also handles .
