The biggest estate planning decisions parents put off (and why you can’t wait)

You’re zipping up the last suitcase, juggling boarding passes and carry-ons, when the thought hits you: What if something happens while we’re away?

Most parents push that thought aside. After all, planning for a vacation away is stressful enough. But that moment of unease—which usually pops up at the worst possible time—is why timely estate planning matters. 

Naming a guardian (and a standby guardian) for your kids is the biggest estate planning decision most parents put off. It raises tough questions, makes people uncomfortable, and feels easier to put off until later.

But “later” has a way of sneaking up on you. And in Georgia, waiting too long could mean it’s the courts (and not your family) that will decide who cares for your children after you’re gone.

Assumptions Georgia parents make about guardianship

When I meet with parents of minor children, I often hear things like:

• “My parents will just step in.”
• “My sister knows she’d take them if something happened.”
• “The kids are close in age to my brother’s kids, so they’d live with him.”

But unless you’ve legally named a guardian and a standby guardian, the state of Georgia will not automatically recognize these assumptions. Even families who agree on what should happen next may still need to go through court to get legally appointed. 

And if there’s any disagreement—for example, from an ex-spouse who had their parental rights removed—conflicts and lengthy court battles can begin.

Guardianship vs. standby guardianship: What’s the difference?

Guardian

A child guardian is the person who is legally designated to care for your minor children if you pass away. They become the parent in the eyes of the law, with full authority to make decisions about your child’s schooling, health care, and day-to-day needs.

Standby guardian

A standby guardian is an option in the state of Georgia for parents who are still living but temporarily unable to care for their kids. This could be anything from long-term hospitalization or a series of medical emergencies to getting stuck overseas. They can also step in if your legal guardian lives in another state and will need time to travel to care for your kids if you pass away.

A standby guardian ensures your kids have continuity of care without requiring a court battle or emergency intervention by the state.

Why you need both

Parents often name only a guardian in their will, forgetting that temporary absence or incapacity are also possibilities. Without a clear plan for a standby guardian, your children could end up in limbo.

What happens if you don’t name a legal guardian for your kids?

If you don’t name a guardian in Georgia, here’s what can happen:

• The court decides. Judges make the final call, often based on petitions from relatives.

• Family conflict may erupt. Even if everyone “knows” who you’d want, disagreements can delay court decisions for months.
• Your child’s care plan is uncertain. In the meantime, they may be placed with temporary caregivers until the courts reach a decision.

For busy parents who already juggle their careers, school schedules, and their children’s social calendars, it’s tempting to put decisions around guardianship on the back burner. But not deciding is a decision, and it could be one that hands control of your kids over to the state.

How to choose the right guardian and standby guardian

Choosing guardians isn’t about picking someone who’s “perfect.” It’s about choosing the people you trust most to love and raise your children in line with your values, making the best decisions on their behalf.

Here are a few guiding questions to make the decision easier:

• Practicalities: Do they live nearby? If not, could they relocate? Are they healthy enough to raise children into adulthood?

• Values: Do they share your approach to parenting, education, or faith?

• Finances: Are they responsible enough with money to properly manage your estate on your children’s behalf?
• Willingness: Are they willing to become your child’s guardian? This is a step that is often overlooked, and it matters. Make sure to ask.

For a standby guardian, consider their proximity too. A family member might care for your kids in the long term, but a close friend who lives nearby could provide immediate care until they can arrive from out of state. 

How estate planning makes your choices clear

The beauty of an estate plan is that it eliminates the guesswork from planning for your children’s future.

Most estate plans should include:

• A legal guardian for your children.
• A standby guardian designation to account for emergencies.
• A trust to ensure financial support for your children, managed by a trustee.

Also, a note to help you breathe a little easier: While decisions around guardianship are important, they aren’t set in stone. You can change them as your life and relationships evolve. 

Frequently asked questions

Can I name more than one guardian in Georgia?

Yes, you can name co-guardians in the state of Georgia, but it’s not recommended in most cases. The court will honor your wishes, but two guardians will have to agree on every decision about your child’s care, which can create conflict. A more common approach is to name one primary guardian and then list one or two alternates, so there’s always a clear next choice if your first pick can’t serve.

What happens if my guardian or standby guardian can’t serve?

This is why I highly recommend naming backups. In Georgia, you can designate “successor guardians,” or people who would step in if your first choice can’t (or won’t) serve. Without backups, the court will decide who takes over, which may not be the person you’d pick. Building in alternates keeps the decision in your hands and gives your family clarity.

How do you decide on a guardian for your child?

Think less about people who are “perfect parents” and more about who you’d trust to love and raise your child if you weren’t there. Consider their parenting style, financial responsibility, educational outlook, etc. Are they healthy? Do they share your values? And are they willing to serve? It’s also wise to name a standby guardian nearby who can provide immediate care in an emergency.

What you need to know

The most important estate planning decision for parents is the one they put off the most: naming guardians for their kids. By making those choices now, you:

• Prevent the courts from deciding for you
• Give your kids stability when they need it most
• Take a huge weight off your shoulders every time you travel (or consider the future)

The hardest part is just getting started. Download our free guide, Protecting Your Kids When You’re Not Around, to learn the exact steps to follow when naming guardians and standby guardians in Georgia.