Does the person I name as guardian of my children have to be a U.S. citizen or live in the United States?

The short answer is no; the people you designate as guardians do not have to be citizens of or live in the United States.  

The long answer is that there are some issues that should be considered:

  • Logistically speaking, the named Guardian will have to be able to work with the Successor Trustee in providing for and using the inheritance(s) to enhance your children's lives.  If all of the assets are US-based, a Guardian in a foreign country might struggle to retrieve funds for housing, education, or other necessities.
  • Where is your extended family located?  Will your children be near or far away from them living with your chosen Guardian?
  • Medical care for your children.  Does the country that your children will reside in with the Guardian have satisfactory health care?  If not, do your Guardians have the means to send your children to good doctors and hospitals?
  • Education for your children.  Does the country that your children will reside in with the Guardian have satisfactory education opportunities?  If not, do your Guardians have the means to send your children somewhere else to get a satisfactory education?