Can I appoint a guardian for my children in a will?

Yes, it is possible to appoint a guardian for your children in a will in New Mexico. Whenever a minor child is left behind after the death of a parent, a guardian must be appointed in order to make decisions and provide care for the child. In New Mexico, guardianship of minors must be formally appointed by the court. The court will consider the wishes of the deceased parent as expressed in their will. The court will consider the nominations of potential guardians made in the will, as long as the nomination is consistent with the best interests of the child. If you plan to appoint a guardian in your will, it is important to discuss the matter with the intended guardian first, and make sure to include the necessary language in the will. You should also specify which tasks you expect the guardian to perform, such as providing education and health care for the child. If the wishes expressed in the will are not evaluated favorably by the court, the court may appoint someone other than those named in the will. It is a good idea to discuss your plans with an attorney to ensure that your wishes are properly carried out.

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