Nearly two-thirds of American parents (65%) have not legally named who would raise their children if both parents died, according to a LegalShield survey of more than 1,000 parents. Almost all of them (96%) say having a Will is important.
The obstacle is rarely cost; it’s the choice itself. Naming a guardian requires parents to choose among the people closest to them, and to plan for their own death. Nearly 1 in 5 (19%) cannot decide who the right person is or can’t agree with their partner, and 18% keep putting it off.
“Choosing a guardian means ranking the people you love most, and doing it while imagining you are gone,” said John Saltarelli, LegalShield provider attorney and Partner with Ross & Matthews, P.C. in Texas. “That is why parents stall. But not deciding is still a decision. It gives no guidance to a court, and the outcome is completely outside of the parent’s control.”
The Guardian Gap, By the Numbers
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65% of parents have not legally formalized a guardian choice for their children
- 42% have not designated a guardian at all
- 19% have thought about it but have not made it official
- 4% are not sure how to do it
Get it in Writing
Beyond indecision and procrastination, 13% say they do not know how to make a guardian choice legally official, and 11% did not know it had to be documented at all.
“I advise parents that it is best to act now. Make a choice and get it in writing,” said Saltarelli. “You can always change it as situations change, but you want to make the choice and not leave it to chance. While the designated guardian must still qualify and be approved by the court, the designation carries great weight against any challenge.”
Where the Gap Carries the Most Risk
The survey found that a substantial share of parents has family circumstances that add legal steps and could complicate an informal understanding:
- 25% are part of a blended family, with stepchildren, a stepparent, or a spouse who has children from a prior relationship
- 15% have a child or dependent with special needs
- 13% own property or assets in more than one state
The consequences are already familiar to many families. More than half of parents (52%) say they have experienced conflict caused by the absence of a will or estate plan, or know someone who has.
The Gap Does Not Close at 18
Guardians serve as caregivers for minor children if the parents are gone. But there are still decisions to be made by parents who remain in their lives after the kids turn 18. Parental legal rights over a child’s medical and financial decisions ends at 18. Among parents with a child 18 or older, 36% have no power of attorney in place for that child.
“While legal authority ends at age 18, parenting does not; it just takes more paperwork,” said Saltarelli. “Parents are thankful when they can talk to a doctor about their young adult’s health, or help their kid figure out credit cards and avoid overdrafts. It’s a transition for the adult child and the parents.”
About the Study
The LegalShield Parent Estate Planning Survey was conducted in July 2026 among 1,036 U.S. adults with children.
About LegalShield
For more than 50 years, LegalShield has provided everyday Americans with easy and affordable access to legal advice, counsel, protection, and representation. Serving millions, LegalShield is one of the world’s largest platforms for legal, identity, and reputation management services protecting individuals and businesses across North America. Founded in 1972, LegalShield and its privacy management product IDShield equip individuals, families, businesses, and employers with the tools they need to affordably live a just and secure life. Through technology and innovation, LegalShield is transforming how people access legal guidance, with hundreds of qualified attorneys and law firms across the country. To learn more, visit LegalShield.com and IDShield.com.
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