Choosing a guardian for your child is an extremely important decision. If something happens to you, you want to be sure your child is cared for by someone you trust.
In California, parents can legally name a guardian to take on this role. Below are some important factors to consider when choosing your child’s guardian.
What does a guardian do?
A legal guardian takes on the role of a parent. They are responsible for your child’s daily needs, education, medical decisions and emotional well-being. If your child inherits money or property, the guardian may also manage those assets unless a separate estate guardian is named.
How to name a guardian
In California, you can name a guardian in your will. This is a legally binding document that the court will review after your death. If both parents are deceased or unable to care for the child, the court usually honors your choice unless there is a strong reason not to.
It’s a good idea to name some backups in case your first choice cannot serve. You should also talk to the people you name to ensure they are willing and able to take on the responsibility.
What happens if no guardian is named?
If you don’t name a guardian, the court will decide who should care for your child. This can lead to confusion or disputes among family members. It may also mean your child ends up with someone you wouldn’t have chosen.
Planning ahead gives you peace of mind and protects your child’s future. For such a major decision, it can help to have some qualified legal guidance behind you.
