Is it possible to appoint my sister as the guardian of my son and my property upon my death?

Full question:

I am a single mother suffering from cancer. I live in Guam with my son who is 10 months old. I own a property near Ritidian Point Beach. Is it possible to appoint my sister as the guardian of my son and my property upon my death?

• Category: Guardianship
• Date: 04/07/2025
• State: National

Answer:

Yes, in Guam, a parent may appoint a guardian for his/her child or property or both through a will or a deed upon his/her death per Guam Code Annotated §9106. It reads:

“A guardian of the person or estate, or of both, of a child born, or likely to be born, may be appointed by will or by deed, to take effect upon the death of the parent appointed:

(a) If the child be legitimate, by either parent, with written consent of the other; or by either parent, if the other be dead or incapable of consent.
(b) If the child be illegitimate, by the mother: Provided further, that any parent may, by deed or will, appoint a guardian as to the property which his or her child may inherit and take by devise or bequest from him or her.”
 

Therefore, you may appoint your sister as a guardian of your son and your property.  It will  take effect upon your death under the law of Guam (GCA §9106).