Tips for Naming a Guardian for Minor Children in California

Estate planning isn’t just for older adults — it’s crucial for young families as well. Importantly, if you have a minor child, you should strongly consider having a plan in place that will dictate who will take care of them in the unlikely event something happens to you. If you fail to name a legal guardian, a judge would decide who looks after your child with no knowledge of who you would prefer to raise them.

What is a Legal Guardian?

A legal guardian is the individual who would take over custody and raise your child in the event you pass away or become incapacitated and cannot care for them. They would have the same responsibilities and make the same decisions as you regarding your child’s care, education, healthcare, and other important matters. The legal arrangement would last until the child reaches the age of majority.

A legal guardian can also be named to manage the child’s finances. This is called a guardianship of the estate. If the child will inherit a significant amount of property in the event you pass away, it’s vital to name a legal guardian who will handle the child’s assets — this may be the same individual or a different individual from the guardianship of the person. The financial guardian would have the authority to control and manage your child’s property until they turn 18.

It may be best to split the guardianship duties between two different people if the proposed custodial guardian would be a wonderful caretaker for your child, but they do not manage finances well. Dividing duties may also be ideal in cases where an individual wishes to remain an important part of the child’s life, but they are incapable of taking on the responsibility of raising a child full time.

How to Name a Legal Guardian

A guardian for your minor child must be named in either a last will and testament or a guardian nomination document. The person you select can be a grandparent, sister, brother, aunt, uncle, or other relative. But while many people choose close family members, there is no legal requirement that the guardian of a child be a relative. You can also designate a friend of the family or someone else who knows the child well.

Additionally, you should name a contingent guardian in the event that your first choice is unable to serve in the role. For example, if the primary guardian becomes ill, relocates, or changes their mind about taking on the responsibility, you will need to have a secondary option.

Things to Consider When Naming a Legal Guardian

When considering how to name a legal guardian, it’s essential to have a discussion with that person before signing any legal documents. You will want to know that they are willing to take on this responsibility — and have the physical, financial, and emotional abilities to do so. It’s also best to name a legal guardian with values that you would want your child to be raised with. Having an open conversation with the person you wish to name as guardian can

Here are a list of factors when considering how to name a legal guardian for your child:

• Values and religious beliefs
• Moral character
• Parenting style and philosophy
• The relationship they have with your child
• Age and physical health
• Emotional intelligence and maturity
• The guardian’s family structure
• Living conditions
• Financial stability

The person who you name as legal guardian for your child should have a genuine interest in their wellbeing. They must be able to meet your child’s emotional and physical needs — and be capable of raising them to become competent adults. When selecting this individual, it’s essential to put the best interests of your child first and foremost.

What Happens if You Don’t Name a Legal Guardian for Your Child?

If you don’t name a legal guardian for your child, one would be appointed by the court in the event of your passing or incapacity. A guardianship petition can be filed by a family member, a close friend of the family, or a social worker. If only one person files a petition, the judge would evaluate the evidence to ensure they are able to make decisions on behalf of the child and provide them with a safe living environment.

However, if more than one person steps forward to be the child’s guardian, or a family member disagrees with the appointment of the guardian, there may be a guardianship contest in court. In such cases, each petitioner will be investigated, and a report will be filed with the court. The judge will assess the report and conduct a hearing where each party can present their arguments. After reviewing the report, hearing the testimony of all parties, and evaluating any other evidence in the case, the judge would determine who to appoint as legal guardian.

Contact an Experienced California Estate Planning Attorney

Deciding how to name a legal guardian for your child can be overwhelming. An experienced estate planning attorney can help guide you through the process. The attorneys at White & Bright, LLP assist individuals and their families in California for a wide variety of estate planning matters, including those involving guardianships. Call us at (760) 747-3200 or fill out our online contact us form to schedule a consultation to learn how we can help.