Becoming a parent changes everything—your routines, your priorities, and most importantly, your responsibilities. While prepping the nursery and baby-proofing your home are top of mind, many new parents overlook one of the most critical steps in protecting their family: getting their legal documents in order.
At Exhale Parent, we understand that estate planning can feel overwhelming. That’s why we’ve created this plain-language guide to help you understand the three foundational legal tools every new parent needs in 2025: a will, a guardianship designation, and medical directives.
1. Why Every Parent Needs a Will
A will is more than just a document about money—it’s your written instruction manual for what happens if you’re no longer around.
What Your Will Should Cover:
- Guardian for your child in the event of your death
- Distribution of your assets, life insurance, and savings
- Naming an executor to manage your estate
Without a will, the court decides who raises your child and manages your assets—regardless of your wishes.
Choosing a Legal Guardian: The Heart of Parental Planning
Naming a legal guardian is the most emotionally difficult—yet essential—part of estate planning for parents.
Key Considerations:
- Shared values and parenting philosophy
- Location and willingness to take on the role
- Stability in finances, lifestyle, and emotional support
- Appoint alternates in case your first choice is unable
It’s always better to name someone and revise later than to leave the courts to guess.
Pro Tip:
Use a separate standalone guardianship document if your will is complex or delayed. This can often be signed and notarized in a single meeting.
3. Advance Medical Directives: Protect Your Family in a Crisis
Medical emergencies don’t wait. An advance directive ensures that your wishes—and those of your partner—are honored if you become incapacitated.
Key Documents:
- Health Care Proxy / Power of Attorney – Who can make medical decisions for you?
- Living Will – Your preferences for life support, end-of-life care, and interventions
- HIPAA Release Form – Who can access your medical info in an emergency?
Having these in place protects your partner, prevents family conflict, and ensures your children are cared for no matter what.
Bonus: Other Documents to Consider
As your family grows, consider rounding out your legal toolkit with:
- Revocable living trust – Helps avoid probate for larger estates
- Beneficiary designations – For life insurance, retirement accounts, 529s
- Temporary guardianship forms – For travel or extended separations
- Digital legacy plans – Who gets access to your online accounts, photos, and more
Many of these can be created affordably online or through estate planning attorneys with family packages.
How to Get Started (Without Stress)
You don’t need to have all the answers to begin—just a willingness to plan.
3 Steps You Can Take Today:
- Download a will and guardianship worksheet to clarify your wishes
- Schedule a consultation with an estate planning attorney (many offer free first meetings)
- Store documents securely, and share them with your partner and guardians
And remember: These plans are meant to evolve as your family does. Revisit them every few years or after major life changes.
Final Thoughts: Planning Is Parenting
Estate planning isn’t about fear—it’s about responsibility, love, and leadership. Taking the time now to prepare gives your family protection, clarity, and peace of mind—no matter what the future holds.
At Exhale Parent, we believe planning is part of parenting. We’re here to help you breathe easier, think smarter, and show up fully for your new chapter.
