Naming a Guardian for Your Children in Colorado
Choosing who would raise your kids is the hardest part of any estate plan — and the most important. Here’s how guardian nominations work, and how we make the decision feel manageable.
The Basics
How Guardian Nominations Work in Colorado
A guardian is the person who would raise your minor children if you and the other parent were gone or unable to care for them. You name that person in your will — it’s one of the most important things a will does.
If you never make a nomination, the choice doesn’t disappear — it just moves to a Colorado judge. Relatives can petition to be appointed, the people who love your kids may disagree about who should step in, and a court that never met your family makes the final call.
Naming a guardian yourself keeps that decision where it belongs: with you.
Two Different Jobs
Who raises your child — and who manages their money
These are two separate roles. You can give them to the same person or split them — whatever fits your family.
Guardian of the Person
- Raises your child day to day
- Makes decisions about home, school, and health
- Provides the love and stability you would have
- Chosen for values and relationship, not finances
Conservator of the Estate
- Manages any money or property your child inherits
- Handles it responsibly until your child is an adult
- Often replaced by a trust, so funds are protected
- Can be a different person than the guardian
Why this matters: without planning, a child who inherits receives everything at age 18 or 21, outright. A simple trust lets you decide when and how they receive it — so a young adult isn’t handed a lump sum before they’re ready.
Schedule Your Free ConsultationWhat Happens If You Don’t Name a Guardian?
If something happens to both parents and there is no nomination, your children’s future is decided in a courtroom — not your living room.
A judge appoints someone based on petitions and testimony. Well-meaning relatives may each believe they’re the right choice, and the disagreement can turn into a contested case. In the meantime, your kids live with uncertainty about where they belong.
A guardian nomination takes the guesswork — and the conflict — off the table.
Without a Nomination
- The court decides: a judge who never met your family chooses
- Relatives may compete: multiple petitions can mean separate attorneys and conflict
- Delays: temporary arrangements can leave kids in limbo
- No say on money: the court also decides who manages your child’s inheritance
Making the Choice
How to Choose a Guardian
There is rarely a perfect choice — just the right one for your family. It helps to weigh a few things rather than searching for someone who checks every box:
- Shared values — will they raise your kids the way you would, on the things that matter most to you?
- Relationship — do your children already know and trust them?
- Stage of life — their age, health, and energy for the years your kids still need raising
- Location — would your kids stay in their school and community, or move?
- Willingness — have you actually asked them? Always talk to your choice first.
You don’t have to give one person every responsibility. A loving guardian who isn’t great with money can raise your children while a separate, financially steady person — or a trust — manages the inheritance. And always name a backup in case your first choice can’t serve.
You’re Not Stuck
You don’t have to have it figured out before we talk
This is the decision that stalls more estate plans than any other — people put off the whole thing because they can’t settle on a guardian. You don’t have to walk in with an answer. We’ll talk it through, you can name a choice now and change it later as life changes, and the important thing is simply that the decision is yours and it’s legally protected.
Common Questions
Frequently asked questions about guardians
You name a guardian in your will. It’s a formal nomination the court honors as long as the person is willing and able to serve. This is the main reason every parent of minor children needs a will.
A Colorado court decides who raises your children. Relatives can petition to be appointed, and if they disagree it can become a contested case. A judge who never met your family makes the final call — which may not be who you would have chosen.
A guardian raises your child and makes everyday decisions about their care. A conservator manages any money or property the child inherits. You can name the same person for both roles, or split them — and most families use a trust so a separate conservatorship isn’t needed.
Yes — and it’s often the right move. The most loving guardian isn’t always the best with finances. You can name one person to raise your children and another (or a trust) to manage the inheritance responsibly until they’re ready.
Without planning, a minor’s inheritance is held under court supervision and handed over outright at 18 or 21. A simple trust for your children lets you decide when and how they receive it — for example, in stages, or with funds earmarked for education — so a young adult isn’t handed a lump sum too soon.
Always. Your first choice may be unable or unwilling to serve when the time comes. Naming one or more alternates keeps the decision in your hands rather than reverting to the court.
In most cases a surviving legal parent continues to raise the children. A guardian nomination matters most when both parents are gone or unable to serve — but naming one is still essential, because you can’t predict which situation your family will face.
Yes. You can update your nomination any time while you’re mentally capable. People’s lives change — a guardian who made sense when your kids were babies may not fit years later. Review your plan after major life events.
A complete plan usually pairs your will (which names guardians) with a trust for minors (to manage inheritance) and powers of attorney for yourself. We’ll show you exactly what your family needs — and what it doesn’t.
Schedule your free consultation today
During your consultation, we’ll:
- Talk through who might raise your children — without pressure to decide on the spot
- Explain how a guardian nomination works in your will
- Show you how to protect your child’s inheritance with a simple trust
- Help you choose backups so the decision always stays yours
- Answer every question you have — in plain English
No cost, no obligation — just honest guidance from an attorney who focuses exclusively on estate planning.
“As a parent myself, I know choosing a guardian is the question that stops people from finishing their plan. My job is to make that decision feel manageable — and to make sure the people you trust are the ones the law protects.”— Clark Dray, Managing Attorney · 15+ Years in Colorado Estate Law
Protect the people who matter most . . .
Free Consultation
We’ll discuss your family, explain your options in plain language, and answer every question — no pressure, just clear answers.
Flat-Rate Fees
You’ll know what your plan costs before we begin — no hourly billing, no surprise invoices. A clear quote at your free consultation.
Tailored Solutions
Every family is different. We’ll build a plan around your children, your wishes, and the people you trust to step in.
Colorado Expertise
We focus exclusively on Colorado estate planning — including how Colorado courts handle guardianship and minors’ inheritances.
Client Reviews
What clients say about The Law Office of Clark Daniel Dray
“We had a fantastic experience working with Clark for our estate planning. He was professional, knowledgeable, and even rewrote a section to better align with our goals.”
“We had a wonderful experience with completing our estate planning! Clark and his office staff were great at communicating and Clark was very thorough through the entire process.”
“Communication was always clear — I was always aware of what the next steps were, what documents I needed to provide, and his staff was ALWAYS responsive.”
“Reyna was an absolute rock. Their secure online system made everything so much easier. Reyna was always patient, kind, responsive, and thorough.”
★★★★★ 100+ five-star reviews on Google
Ready to protect your children?
Your free consultation takes about 30 minutes. You’ll leave with a clear plan and a clear price.
