Appointing a Guardian for Minor Children in Your Kentucky Will

Planning for a minor child’s care is an essential step in estate planning. If you do not appoint a designated guardian in your Kentucky will, the court may choose someone else for your children, someone who may not be aligned with your wishes.
To avoid this unpleasant outcome, Kentucky law allows parents to appoint a guardian for minors in their will. Taking this step ensures that your children will be cared for by somebody you trust.
In this article, we will explore all the factors, legal requirements, and steps to take when appointing a guardian for minor children in your Kentucky will.
What a Guardian Does
A legal guardian in Kentucky would:
- Ensure the child’s physical care needs are met, such as housing, food, and medical care.
- Make decisions regarding education, such as school enrollment and extracurricular activities.
- Take care of and manage the child’s property and/or inheritance, until the child is of appropriate age to assume ownership of those.
Guardians in Kentucky have a fiduciary duty obliging them to act in the child’s best interests.
It’s important to note that there is a difference between a guardian of the person and a guardian of the estate. The guardian of the person is responsible for the health, safety, and wellbeing of the child, whereas the guardian of the estate manages the child’s financial matters. Often, one person can do both those jobs – unless the parents, or the court, prefer for someone with financial expertise to care for the child’s assets.
How to Appoint a Guardian in Your Kentucky Will
As a parent, you can name a guardian in your last will and testament. The key steps for that are:
- Clearly identify the child/children.
- Identify and name the guardian by full name and relationship to you.
- It is a good idea to name an alternative guardian, just in case your primary nominee can’t fulfil the role.
Kentucky law gives courts the power to approve the appointment; however, in rare cases, they may also reject it, should they deem it is not in the child’s best interests (KRS §387.510 et seq.).
Factors to Consider When Choosing a Guardian
Here is what’s most important when determining a guardian for minors in your Kentucky will:
- What is the guardian’s relationship to the child?
- What is the guardian’s style in parenting and mentorship, as well as their values?
- What is their location and stability?
- What are their emotional and financial capacities?
- What is their willingness and availability?
Legal Requirements for Valid Appointments
Your will must be compliant with Kentucky statutory requirements (KRS §394.040). As such, the testator has to be of sound mind and at least 18 years of age, and the will must be in writing, signed by the testator, and accompanied by two or more competent witnesses.
As mentioned above, courts will usually follow the testator’s choice, unless they can clearly identify that this choice is not aligned with the best interests of the child.

Steps to Finalize and Review
Important steps to follow during and after your will are:
- Make sure your will is current and reflects any changes in the circumstances of your family.
- It’s smart to periodically review your guardian choices, particularly after births, deaths, or relocations.
- The original will you make must be kept in a safe location, and your executor should be fully aware of how to locate it.
- To reduce any potential disputes after your passing, discuss your decision with other family members.
When to Seek Legal Help
Appointing a guardian is a highly sensitive matter, and Kentucky estate law can be complex and daunting to navigate by yourself. A qualified estate planning lawyer can help you in the process, from drafting a legally valid will, to advising on alternatives, but most importantly – ensuring your wishes are clear and enforceable.
Appointing a guardian for minor children in your Kentucky will is one of the most important steps in your estate planning. This is where Hoffman Walker & Knauf step in.
We are seasoned estate planning attorneys with invaluable expertise and many years of experience in helping clients just like you. If you want to protect your children’s rights, ensure their future care, and have your wishes truly seen and heard, contact us today for a consultation. We bring utmost dedication to every case – let us help you in one of your most important life decisions.