1. What Does "Guardian" Mean?

2. What Does Alberta Law Say?

3. Who Should You Choose as a Guardian?

4. Should You Speak to the Proposed Guardian First?

5. What Factors Should You Consider?

6. Should You Name an Alternate Guardian?

7. Can the Guardian Also Be Your Executor?

8. Should the Guardian Receive Your Child's Inheritance?

9. Common Mistakes to Avoid

10. Costs and Considerations

11. When Should You Speak With an Estate Planning Lawyer?

12. How Can Bridgestone Law Help

Introduction

For many parents, making a will is not primarily about deciding who will inherit their home, savings, or other assets. Instead, it is about answering a far more personal question:

Who would care for my children if I could no longer do so?

No parent likes to imagine that possibility. Yet taking the time to consider it now can provide invaluable guidance to your loved ones during an incredibly difficult time.

In Alberta, your will allows you to express your wishes about who you would like to care for your minor children if you and the other parent pass away. While the Court always makes decisions based on the best interests of the child, a carefully considered guardianship appointment in your will can carry significant weight and help reduce uncertainty or conflict among family members.

Choosing a guardian is one of the most important decisions many parents will ever make. It involves much more than selecting a trusted relative. You should consider the child's emotional well-being, relationships, stability, values, education, health, and the prospective guardian's ability and willingness to raise your children.

You can name the person you would like to become the guardian of your minor children in your will.

However, your appointment does not automatically guarantee that person will become the child's permanent guardian.

In Alberta, the Court's overriding consideration is always the best interests of the child. Your wishes, as expressed in your will, are an important factor that the Court will consider, but they are not the only factor.

For that reason, choosing an appropriate guardian, discussing the role with them during your lifetime, and ensuring your wishes are clearly recorded can make the process much easier for your family if the unexpected occurs.

What Does "Guardian" Mean?

In simple terms, a guardian is the person responsible for making the important decisions involved in raising a child.

Depending on the circumstances, those responsibilities may include decisions about:

• where the child will live;

• education;

• health care;

• religious or cultural upbringing;

• extracurricular activities;

• day-to-day care;

• emotional well-being; and

• the child's overall development.

It is important to understand that being a guardian is different from being an executor.

An executor administers your estate. They collect assets, pay debts, apply for probate if necessary, and distribute your estate according to your will.

A guardian, on the other hand, assumes responsibility for caring for your child.

These roles may be performed by the same person, but they do not have to be. In many families, parents intentionally appoint different individuals because the skills required for managing finances and raising children are not always the same.

What Does Alberta Law Say?

Several pieces of Alberta legislation may be relevant when parents are planning for the care of their children, including the Family Law Act, the Wills and Succession Act, and, in some circumstances, the Estate Administration Act.

Your will allows you to express your wishes regarding who you would like to care for your minor children if both parents are no longer able to do so. However, where a permanent guardianship appointment is required, the Court ultimately determines who should be appointed, applying the best interests of the child as the governing legal principle.

When making that determination, the Court may consider a wide range of factors, including:

• the child's physical, emotional, and psychological needs;

• the child's relationship with the proposed guardian;

• the child's stability and continuity of care;

• the proposed guardian's ability to meet the child's needs;

• the wishes expressed by the deceased parent or parents;

• the child's views, where appropriate having regard to their age and maturity; and

• any other factor the Court considers relevant to the child's best interests.

For this reason, naming a guardian in your will is highly recommended. While it is not an absolute guarantee of the outcome, it provides the Court with clear evidence of your wishes and may help avoid disagreements among family members during an already emotional time.

Who Should You Choose as a Guardian?

There is no universally "right" choice when selecting a guardian. Every family is different, and the best person for one child may not be the best choice for another.

Many parents immediately think of a grandparent, sibling, or close friend. While those are common choices, it is important to look beyond your relationship with the person and carefully consider whether they are able and willing to assume the long-term responsibilities of raising a child.

Before making your decision, ask yourself:

• Does this person have a close and loving relationship with my child?

• Would my child feel safe and comfortable living with them?

• Do they share similar values and parenting philosophies?

• Are they emotionally, physically, and financially capable of caring for a child?

• Are they likely to provide a stable home?

• Would they encourage my child's relationship with extended family members?

• Are they willing to accept the responsibility if the time ever comes?

Remember, you are not choosing someone to care for your child for a few weeks—you are potentially choosing the person who may raise your child for many years.

Should You Speak to the Proposed Guardian First?

Absolutely.

One of the biggest mistakes parents make is naming someone in their will without ever discussing it with them.

Although many people would gladly accept the responsibility, others may have concerns they have never expressed.

For example, they may:

• have health issues;

• be planning to relocate;

• have financial concerns;

• already be caring for young children or elderly parents;

• feel unable to make such a significant commitment; or

• simply believe another family member would be better suited.

Having an open conversation allows everyone to understand your wishes and gives the proposed guardian an opportunity to ask questions or raise concerns.

Many parents find these conversations difficult, but they often provide reassurance that the right decision has been made.

What Factors Should You Consider?

While every family's priorities are different, parents commonly consider a number of practical and emotional factors before choosing a guardian.

The Child's Existing Relationship

Children generally adjust more easily when they already have a close relationship with the person who will care for them.

Someone your child knows, trusts, and enjoys spending time with may provide greater emotional stability during an already traumatic period.

Parenting Style and Values

No two parents raise children exactly the same way.

Consider whether the proposed guardian has similar views regarding:

• education;

• discipline;

• religion or spirituality;

• extracurricular activities;

• family traditions;

• cultural heritage; and

• overall parenting philosophy.

Choosing someone whose values generally align with yours may help ensure your child is raised in the manner you would have hoped.

Age and Health

Age alone should not determine whether someone is an appropriate guardian.

Many grandparents are active, healthy, and exceptionally capable caregivers.

However, it is worth considering whether the person is likely to remain physically able to care for your child throughout their childhood.

Similarly, a much younger guardian may have greater physical stamina but may also be in the early stages of building a career or raising their own young family.

Every situation is unique.

Location

Would moving your child require changing:

• schools;

• doctors;

• sports teams;

• community activities;

• friendships; or

• extended family relationships?

Remaining in a familiar community can sometimes provide valuable stability after the loss of a parent.

On the other hand, relocating to live with a trusted guardian may still be the best overall choice depending on the circumstances.

Financial Responsibility

Many parents worry whether a potential guardian can afford to raise another child.

It is important to remember that a guardian does not necessarily have to bear those costs personally.

Your estate may provide financial resources for your child's benefit, and parents often include trusts or other provisions within their wills to assist with education, housing, healthcare, and general living expenses.

Discussing these issues with an estate planning lawyer can help ensure appropriate financial arrangements are included in your estate plan.

Should You Name an Alternate Guardian?

In most cases, yes.

Life changes.

The person you choose today may:

• pass away before you;

• develop health concerns;

• move overseas;

• become unwilling to act; or

• simply no longer be the best choice years later.

Naming one or more alternate guardians provides additional flexibility and reduces uncertainty if your first choice cannot serve.

Just as you would normally appoint an alternate executor, naming an alternate guardian is generally considered good estate planning practice.

Can the Guardian Also Be Your Executor?

Yes.

Many parents appoint the same individual as both guardian and executor.

Doing so can simplify communication and decision-making, particularly where the estate is relatively straightforward.

However, these are two very different responsibilities.

An executor manages the estate.

A guardian raises the child.

In some families, it makes more sense to separate these roles.

For example, a sibling with strong financial and organizational skills may be an excellent executor, while another sibling who has a particularly close relationship with the children may be the better choice to act as guardian.

There is no single correct approach. The decision should reflect your family's unique circumstances and the strengths of the people you trust most.

Should the Guardian Receive Your Child's Inheritance?

Not necessarily.

Many parents assume that naming someone as guardian also means that person should control their child's inheritance.

These are separate decisions.

A common estate planning approach is to leave a child's inheritance in trust until the child reaches a specified age, with the executor or trustee managing the funds for the child's benefit in the meantime.

The trustee can use those funds, where appropriate and as authorized by the will, to pay for expenses such as:

• education;

• housing;

• clothing;

• medical needs;

• extracurricular activities; and

• general support.

Separating the roles of guardian and trustee can provide additional financial oversight while allowing the guardian to focus on raising the child.

Whether this approach is appropriate depends on your family's circumstances and the size and complexity of your estate.

Practical Examples

Example One: Choosing Grandparents

Michael and Sarah have two young children and are preparing their first wills. Their initial instinct is to appoint Sarah's parents as guardians because they are very close to the children.

After discussing the decision together, they also consider the grandparents' age and long-term ability to care for young children. Ultimately, they decide to appoint Sarah's younger sister as guardian, while naming the grandparents as alternate guardians should circumstances change.

By carefully considering both the emotional and practical aspects of the decision, they create a plan that reflects both their wishes and their children's long-term needs.

Example Two: A Blended Family

James has two children from a previous relationship and has recently remarried.

Although his current spouse plays an important role in the children's lives, he wants to ensure his wishes are clearly documented if both legal parents were to pass away.

Working with an estate planning lawyer, James reviews his family circumstances, discusses potential guardians with those involved, and updates his estate plan to provide clear guidance while recognizing that any permanent guardianship decision would ultimately be determined by the Court based on the children's best interests.

Example Three: Separating the Roles

Lisa wants her brother to raise her young daughter because of their close relationship.

However, her brother has little experience managing investments and financial matters.

Instead of naming him as both guardian and executor, Lisa appoints her brother as guardian while naming her accountant sister as executor and trustee. This allows each person to focus on the responsibilities best suited to their skills while working together for the benefit of the child.

Common Mistakes to Avoid

Naming a guardian is one of the most important decisions in an estate plan. The following mistakes can create unnecessary uncertainty for your family.

Not Naming Anyone

Many parents assume their family will simply "work it out."

Unfortunately, if both parents die without expressing their wishes, family members may have different opinions about who should care for the children.

Naming your preferred guardian provides valuable guidance and may help reduce conflict during an already emotional time.

Failing to Speak With the Proposed Guardian

Choosing someone without discussing the role with them can lead to unexpected problems.

The person may:

• be unwilling to act;

• have health concerns;

• be planning to relocate;

• have financial or family commitments that make the role impractical; or

• believe another family member would be a better choice.

An open conversation allows everyone to understand your wishes before they are ever needed.

Choosing Someone Solely Because They Are Family

While family members are often excellent guardians, the closest relative is not automatically the best choice.

The most appropriate guardian is the person who can provide a loving, stable, and supportive home for your child.

Forgetting Alternate Guardians

Circumstances change over time.

Without an alternate guardian, uncertainty may arise if your first choice is unable or unwilling to act when the time comes.

Naming at least one alternate guardian helps ensure your wishes remain workable even if circumstances change.

Never Reviewing Your Decision

The guardian you choose today may not be the best choice ten or twenty years from now.

You should review your appointment whenever:

• your family circumstances change;

• your children grow older;

• the proposed guardian's circumstances change;

• you move; or

• your overall estate plan is updated.

Reviewing your will periodically helps ensure your wishes remain current.

Costs and Considerations

Naming a guardian within your will generally does not create significant additional legal costs when your will is being prepared.

However, the decision itself deserves careful thought because it may affect your child's future far more than many financial decisions made within the same document.

Parents should also consider whether their estate plan provides sufficient financial resources to support their children if both parents pass away.

Depending on your circumstances, this may include:

• establishing a trust;

• appointing a trustee;

• coordinating life insurance proceeds;

• reviewing beneficiary designations; and

• ensuring sufficient assets are available to provide for your children's ongoing care and education.

These issues are often best considered together as part of a comprehensive estate plan rather than in isolation.

When Should You Speak With an Estate Planning Lawyer?

You should consider obtaining legal advice if:

• you have young children;

• you are unsure whom to appoint as guardian;

• you have a blended family;

• your child has special medical, educational, or developmental needs;

• you wish to establish a trust for your children;

• you own a business or significant assets;

• you are concerned about possible family disagreements;

• your proposed guardian lives outside Alberta or outside Canada; or

• you have recently married, separated, divorced, or had another child.

Even if your family circumstances appear straightforward, discussing guardianship as part of your estate plan can help ensure your wishes are clearly documented and your children are protected.

How Bridgestone Law Can Help

For parents, preparing a will is about much more than distributing assets. It is about protecting the people who matter most.

At Bridgestone Law, we help families throughout Calgary and Alberta prepare comprehensive estate plans that address not only the distribution of property, but also guardianship, trusts for minor children, executor appointments, and other important decisions that can affect a family's future.

We take the time to understand your family's unique circumstances, explain your options in plain language, and prepare documents that reflect your wishes while complying with Alberta law.

A carefully prepared estate plan provides peace of mind, knowing you have taken meaningful steps to protect your children should the unexpected occur.