When a baby arrives, most parents are focused on car seats, sleep schedules, and pediatrician appointments. Legal documents are the last thing on anyone's mind — and that's exactly why so many families are dangerously unprotected.

The uncomfortable truth: if something happens to you without a will in place, a court decides who raises your child. Your wishes, your family, your values — none of that is taken into account unless you've written it down legally.

The good news is that most of these documents take less than an hour to complete and cost far less than most people expect. This guide walks you through exactly what you need, why it matters, and how to get it done.

The short version
If you have assets
Revocable Living Trust
Practical day-to-day
Child Travel + Medical Consent

Why new parents need legal documents — and need them now

Most people think estate planning is for wealthy retirees. It isn't. It's for anyone who has a child depending on them.

Without a will, your state's intestacy laws decide who inherits your assets and who gets custody of your children. These laws are designed to be fair in a generic sense — but they are not designed around your specific situation, your family relationships, or your wishes.

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Guardianship is the biggest issue

If both parents die without naming a guardian, the court decides who raises your child. This could mean a custody battle between grandparents, siblings, or other relatives — regardless of who you would have chosen.

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Medical decisions can't wait

If you're incapacitated, someone needs legal authority to make medical decisions on your behalf. Without a Health Care Directive and Power of Attorney, that process becomes complicated and slow at the worst possible time.

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Assets go to the wrong people

Without a will, your assets may not go where you intend. Life insurance, savings accounts, and property are all affected. A simple will ensures your child — not the state — benefits from what you've built.

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Probate takes time and money

Without proper estate planning, your estate goes through probate — a public, court-supervised process that can take months or years and eat into the assets meant for your family.

1. Last Will and Testament

A will is the foundation of every family's legal protection. It specifies who inherits your assets, who becomes your child's guardian, and who manages your estate after you're gone.

Most important

What to include in your will as a new parent

Guardian designation — Name both a primary and backup guardian for your child. Choose someone who shares your values and is willing to take on the responsibility.
Executor — The person who carries out the instructions in your will. Choose someone organized and trustworthy.
Asset distribution — Who gets what, including your home, savings, personal property, and any business interests.
Children's trust provisions — At what age your child receives assets (many parents choose 25 rather than 18) and who manages the money until then.
Create your Last Will and Testament → LawDepot Online, state-specific, takes about 20 minutes
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Don't rely on a homemade will. Handwritten or informal wills are frequently contested and may not meet your state's legal requirements. A properly drafted will — even done online with a reputable service — is far more likely to hold up in court.

2. Guardianship Designation

Guardianship is often included within your will, but it's important enough to discuss separately. This is the single most important decision you'll make as a new parent — choosing who would raise your child if you and your partner were both gone.

How to choose a guardian
1
Have the conversation first. Ask your chosen guardian if they're willing and able to take on this role. Don't assume.
2
Consider values, not just logistics. The "most responsible" family member isn't always the best fit. Think about who would raise your child closest to how you would.
3
Name a backup. Circumstances change. Your first choice may predecease you or be unable to serve when the time comes.
4
Separate the financial guardian if needed. The person who raises your child doesn't have to be the person who manages the money. Many parents separate these roles.
5
Review every few years. Relationships and circumstances change. Revisit your guardian choice when your child hits major milestones.

3. Power of Attorney

A Power of Attorney (POA) gives someone legal authority to act on your behalf — managing finances, signing documents, and handling legal matters — if you're unable to do so yourself.

For new parents, a Durable Power of Attorney is the most important type. "Durable" means it remains in effect even if you become incapacitated — exactly when you need it most.

Financial POA covers:
  • Managing bank accounts
  • Paying bills and debts
  • Filing taxes
  • Managing investments
  • Selling property
Medical POA covers:
  • Making healthcare decisions
  • Consenting to medical procedures
  • Accessing medical records
  • Communicating with doctors
  • Directing end-of-life care

4. Health Care Directive (Living Will)

A Health Care Directive — also called a Living Will or Advance Directive — specifies your wishes for medical treatment if you're unable to communicate them yourself. It answers questions like: Do you want life-sustaining treatment if there's no chance of recovery? Who should make medical decisions on your behalf?

Without this document, these decisions fall to family members — who may disagree, and who are being asked to make impossible choices without guidance from you.

What a Health Care Directive typically covers:
💊 Life-sustaining treatment preferences
🫁 Resuscitation (DNR) instructions
🏥 Artificial nutrition and hydration
🩺 Pain management preferences
👤 Healthcare proxy designation
🫶 Organ donation wishes
Create a Health Care Directive → LawDepot State-specific, legally valid, takes about 15 minutes

5. Revocable Living Trust

A Revocable Living Trust is a legal arrangement that holds your assets during your lifetime and transfers them to your beneficiaries when you die — without going through probate.

A trust isn't for everyone. But for parents with significant assets — a home, investment accounts, or life insurance — it can save your family months of probate court and tens of thousands of dollars in fees.

Feature Will only Will + Living Trust
Avoids probate ❌ No ✓ Yes
Privacy (public record) ❌ Public ✓ Private
Speed of asset transfer Months–years Days–weeks
Cost to create Lower Slightly higher
Best for Smaller estates Homeowners, larger estates

6. Child Travel Consent Form

If your child ever travels with one parent, a grandparent, or another adult without both parents present, a Child Travel Consent Form is essential. Many countries and US border agents require proof that the traveling adult has permission to travel with the child.

This is especially important for international travel, but is good practice for any situation where your child is not with both parents.

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When you need a travel consent form: Your child traveling internationally with one parent only. Trips with grandparents, relatives, or family friends. School trips or sports travel across state or international borders.

7. Child Medical Consent Form

A Child Medical Consent Form gives another adult — a grandparent, babysitter, or other caregiver — legal authority to consent to medical treatment for your child when you're not available.

Without this, a caregiver may not be able to authorize emergency treatment in a timely way. Most hospitals will try to reach parents first, but having this document on hand removes doubt and speeds up care when it matters most.

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Keep a copy with your child. When your child is with a caregiver for an extended period — traveling with grandparents, staying for the summer — make sure the caregiver has a signed copy of this form along with your insurance card and pediatrician's contact information.

How to get these documents done affordably

The biggest barrier to estate planning for new parents isn't cost — it's inertia. These documents feel overwhelming to create, so they get put off indefinitely.

The reality is that all seven documents on this list can be completed in a single afternoon for a fraction of what an attorney would charge. Online legal services like LawDepot offer state-specific, legally valid templates that walk you through each document step by step.

Traditional attorney
$1,500–$5,000+
For a basic estate plan including will, POA, and health care directive. Trusts cost more.
Doing nothing
$0 now
Court decides who raises your child. Probate can cost 3–7% of your estate. The true cost is enormous.
Get your family's legal documents in order today

LawDepot offers state-specific legal documents for families — including wills, power of attorney, health care directives, and child consent forms. Their step-by-step process takes about 20 minutes per document.

Start your estate plan → LawDepot

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Frequently asked questions

Do I need a lawyer to create a will?
Not necessarily. For straightforward situations — a married couple with children and typical assets — an online legal service can produce a legally valid, state-specific will. A lawyer becomes more important for blended families, significant assets, business ownership, or complex family situations. If in doubt, consult an estate planning attorney.
What happens if I die without a will?
If you die intestate (without a will), your state's laws determine how your assets are distributed and who gets custody of your children. This may not reflect your wishes. The court appoints a guardian based on what it determines is in the child's best interest — not based on your preferences. Your estate also goes through probate, which can be time-consuming and expensive.
How often should I update my will?
Review your will after any major life event: a new child, divorce, death of a named beneficiary or guardian, significant change in assets, or a move to a different state. As a general rule, review it every 3–5 years even if nothing major has changed.
Do both parents need separate wills?
Yes. Each parent should have their own will. While the contents may be similar or mirror each other, having separate wills ensures each parent's wishes are clearly documented and legally binding. Joint wills exist but are generally not recommended because they can create complications after one spouse dies.
Is a living trust better than a will?
A living trust avoids probate and offers more privacy, but it's more complex and expensive to set up. For most new parents with modest assets, a will is sufficient. A living trust becomes more valuable when you own a home, have significant assets, or want to ensure a fast, private transfer of assets to your children. Many estate planners recommend both — a trust for assets and a "pour-over will" to catch anything not placed in the trust.
What is a Health Care Directive vs. a Power of Attorney?
A Health Care Directive (also called a Living Will) documents your medical treatment wishes if you're incapacitated. A Healthcare Power of Attorney designates who makes medical decisions on your behalf. A financial Power of Attorney designates who handles your finances. Many people create all three as part of a complete estate plan — they serve different but complementary purposes.

FamilyNest Finance is for informational purposes only and does not constitute legal advice. Estate planning laws vary by state. Consult a licensed attorney for advice specific to your situation. Some links on this page are affiliate links — see our disclosure policy.