Who Will Raise Your Kids If You Can’t? Guardianship in Oregon Estate Planning
When it comes to estate planning, nothing stops parents in their tracks quite like the question: Who would raise your kids if you couldn’t? It’s hard to think about, harder to talk about, and even harder to plan for. But it’s one of the most important decisions any parent can make.
At Track Town Law, I help Oregon parents navigate this sensitive but vital topic—so their kids never end up in limbo.
Why Guardianship Matters
If something happens to you and you haven’t named a guardian, a judge decides who takes over. That’s not just a scary idea—it’s a legal black hole where family members might compete, no one might qualify, or the state could assign a stranger. And it happens more often than you’d think.
In Oregon, the only way to legally nominate a guardian is in your will. That nomination doesn’t automatically make someone a guardian, but it gives the court strong guidance about your wishes. Without it, anyone—from your parents to your cousin to a concerned neighbor—could file for custody. And if no one does, your children could end up in temporary foster care until the court appoints someone.
Standby Guardianship: Planning for the In-Between
Most parents think about guardianship in terms of death. But there’s another scenario that’s just as important: what if you’re still alive, but temporarily incapacitated?
Oregon allows for standby or temporary guardianship through a Delegation of Parental Powers form. This document lets you authorize someone to care for your children—make medical decisions, sign school forms, handle the basics—without needing to go to court. It’s especially valuable for single parents, parents with serious medical conditions, or anyone whose job puts them at risk.
Real-World Scenarios: Why It’s Not Enough to Hope for the Best
Let’s say you and your spouse are in a car accident. You’re both in critical condition, and your kids are with a babysitter. The police show up at your house, but there’s no guardianship documentation. The babysitter doesn’t have authority. Your sister doesn’t either. Even if everyone agrees who should take the kids, legal reality says otherwise.
In that moment, Child Protective Services may take temporary custody while the court figures it out. That’s not a failure of the system. That’s the system working without a plan.
What Happens to the Money?
If your children inherit directly—say, from a life insurance policy or a retirement account—the court may need to appoint a conservator to manage those funds until the child turns 18. At that point, everything is theirs. Not ideal.
That’s why many parents choose to create a trust as part of their estate plan. A trust allows you to:
Appoint someone to manage your children’s inheritance responsibly.
Control when and how the money is distributed (e.g., some at 25, more at 30).
Avoid the court-appointed conservator process entirely.
You can build a trust into your will (a testamentary trust) or set it up as part of a revocable living trust. Either way, it keeps the financial side of your parenting plan on solid ground.
How to Nominate a Guardian in Oregon
The process is straightforward but must be legally valid:
Include your nomination in your will. You can name a first choice and one or two backups.
Consider preparing a Delegation of Parental Powers form for temporary or standby authority.
Have a conversation with your chosen guardian. Make sure they understand and accept the role.
Coordinate the financial plan—especially if significant assets or life insurance are involved.
Don’t spring this on someone in your will. Talk to them. Set expectations. Explain how the trust (if any) will work. Give them the tools to succeed—not just the title.
Special Note for Blended Families
If you’ve remarried or have children from different relationships, guardianship planning is even more important. A biological parent who isn’t involved today may have legal rights tomorrow. And in-family disputes can get messy fast.
A well-drafted estate plan doesn’t just express your wishes—it prevents unnecessary conflict and gives your kids a smoother path forward.
The Track Town Law Approach
At Track Town Law, guardianship planning isn’t an add-on. It’s foundational. Every flat-fee estate plan includes:
A will that nominates permanent guardians.
Optional standby guardianship documents.
Clear planning around financial support for minor children—including trust drafting if needed.
This isn’t paperwork. This is parenting beyond your presence.
Take the Next Step
If you’re a parent in Oregon and your estate plan doesn’t name a guardian—or if you’re not sure whether your kids' inheritance is protected—let’s fix that. Schedule a free consultation, and we’ll walk through your options together.
