Name Your Child’s Guardian—Before a Nebraska Court Does It for You
If you wouldn’t leave your kids with just anyone for the weekend… why risk leaving that decision to a judge?
One of the most critical—but often overlooked—steps in Nebraska estate planning is naming a guardian for your minor children. It’s not just a box to check. It’s a legally recognized tool that protects your kids if something unexpected happens to you.
Too often, people assume a verbal agreement or family understanding is enough. But under Nebraska law, if you haven’t formally nominated a guardian in a valid Last Will and Testament, the decision will fall to the court.
What Happens If You Don’t Name a Guardian?
Nebraska courts will always aim to act in the best interest of the child—but they can only work with what they’re given. A judge won’t know your values, your parenting style, your child’s emotional needs, or who you would have chosen. Even well-meaning relatives can end up in court battles over who should step in.
And informal promises—“Oh, my sister knows she’d take the kids”—don’t carry legal weight. If it’s not in writing, it’s not enforceable. The court must follow formal guardianship procedures under Nebraska Revised Statutes, Chapter 30, and the strongest legal way to name a guardian is through your estate plan.
Real Life Example: When Planning Makes All the Difference
A young couple recently met with me to update their Nebraska wills and trusts. They’d always assumed their best friends would raise their kids if something happened. But after we talked it through, they realized those friends had moved away and were dealing with their own challenges.
We explored other options and ultimately landed on a close cousin here in Nebraska. That person shared their values, lived nearby, and had a strong connection with the children. By putting that nomination in writing, the decision is now legally documented. If the unthinkable happens, the court has clear direction—and the children have stability.
Without that step? The outcome could have been very different.
How to Start Thinking About Guardian Nominations
If you haven’t made this part of your estate plan yet, here’s a simple exercise:
Write down 2–3 people you would trust with your children. Then ask yourself:
Do they align with your core values and parenting style?
Can they physically, emotionally, and financially care for your kids?
Would your children feel secure and supported in their care?
These are the same kinds of questions I ask when guiding Nebraska families through guardianship planning. Once the right choice becomes clear, we make it legally binding through your Last Will and Testament or Revocable Living Trust.
Temporary Guardianship vs. Permanent Guardianship in Nebraska
This post focuses on permanent guardianship nominations, but Nebraska law also allows for temporary guardianship tools, such as:
Power of Attorney for Minor Children
Temporary Delegation of Parental Authority
These are useful if you’re traveling, hospitalized, or unavailable for a short time. But they don’t replace the need for a permanent plan in your Will.
Keep It Updated as Life Changes
The person you’d choose as a guardian today might not be the right fit five years from now. That’s why I encourage clients to review guardianship nominations every few years, or after major life events like:
A move
A change in family dynamics
A death, divorce, or new birth
A shift in relationships with the nominated person
Your plan should always reflect what’s best for your family now, not just what felt right years ago.
When You Don’t Want to Leave It to the Court
Naming a guardian is more than a formality. It’s peace of mind. It’s one less thing for your loved ones to navigate during what would already be an unimaginably difficult time.
As a Nebraska guardianship attorney, I’ve seen firsthand how powerful a well-drafted guardianship nomination can be. And I’ve also seen the heartbreak and legal chaos that happens when no plan is in place.
If you want to make sure your children would be raised by the people you trust most—and that your family avoids unnecessary court battles—put it in writing.
Frequently Asked Questions
Is a verbal agreement enough to establish a guardian in Nebraska?
No. Courts in Nebraska require a formally executed estate plan, typically through a Will, to consider a guardian nomination. Verbal agreements, even among close family members, are not legally enforceable.
Where in my estate plan do I name a guardian?
The guardian is usually named in your Last Will and Testament. If you’re also setting up a Revocable Living Trust, it may reference this nomination, but the Will is where the legal designation lives.
What happens if I don’t name a guardian and both parents die?
The court will hold a guardianship proceeding and appoint someone based on the child’s best interests. This can lead to disagreements among family members and create delays or emotional strain.
Can I update a guardianship nomination later?
Yes. You can update your nomination by executing a new Will or codicil (amendment) or revising your trust if that’s where the nomination is referenced. It’s smart to review your nomination every few years.
Is guardianship the same as adoption?
No. Guardianship gives someone the legal authority to care for your child if you are no longer able to, but it does not terminate your parental rights. Adoption is a permanent legal change in parental status.