Guardianship Of Minors: Protecting Your Child’s Future

Guardianships And Why They Are Essential

Guardianship is a vital aspect of estate planning, especially if you have minor children. While a friend or family member may step forward to claim responsibility for your child without a designated guardian in place, what do you do if they pass away? Having a legally binding document that specifies who you want to serve as the guardian or a backup guardian is one sure way to ensure your child is cared for well into the future.

If no guardian is named and no one steps up, there’s a risk that your children could be placed in separate foster care systems, which could unnecessarily break up your family. For this reason, anyone with children should have a will in place to ensure their guardianship wishes are honored.

Choosing A Guardian

When choosing a guardian for your child in California, consider whether the person is responsible and capable of caring for your child. It’s important to think about whether they are already a parent or have a desire to take on that role. Additionally, consider practical factors such as their location—whether they reside in the United States, California, or another country.

The Rights And Responsibilities Of A Guardian

In California, a guardian essentially takes on the role of a parent for the child. While they assume full responsibility for the child’s care and well-being, they typically do not take on the financial responsibilities. If financial support is needed, the guardian would need to request funds from the trustee. We recommend that the guardian and trustee be the same person, if possible, to streamline the estate planning or trust administration process and reduce the number of people involved.

Guardianship’s Impact On The Distribution Of Assets To Minors

Guardianships and distribution of assets are generally separate matters. Trusts dictate how assets are distributed, typically specifying that a child receives a percentage or specific amount from the estate. While the trustee manages these assets, the guardian is responsible for the child’s care. If financial support is needed, the guardian must request funds from the trustee to cover the child’s expenses.

Still Have Questions? Ready To Get Started?

For more information on Guardianship Of Minors, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (510) 916-2100 today.