GUARDIANSHIP

Whether you are a parent or expecting to become a parent, whether you are married, single, heterosexual or gay, an important decision for you to make is:  Who will care for the person and/or estate of your child should you become ill or pass away.

In California, the court process for granting authority over the person and/or estate of a child is called a Guardianship.  The person appointed to manage the estate and/or person is call the Guardian and the child is referred to as the Ward.

As a parent, you have the right to nominate a person to care for your child, to make medical decisions, to manage the property of a child and make a home for your child.  In California, the rules for appointing a Guardian are found in both the Probate Code and the Family Law Code.  

Typically, Parents decide together who should care for a child.  It is not unusual for parents to nominate a Guardian as a part of their estate plan so that one or more persons who will be available to care for a child, decide where and how a child will be raised and manage any inheritance a child is to receive after the death of parents.  The same process applies to single parents as it assures that someone will be available to care for a child in the event of an emergency.

Today, many parents are single parents or in a non-traditional relationship.  It is, therefore, even more important for parents to determine who will care for a child and manage that child's inheritance.  The loss of a parent can be traumatic and the added stress of deciding where a child will live, should be prevented.

According to California law, the court will appoint the nominated guardian unless the court finds that the appointment is not in the best interests of the health, safety or welfare of a child or if the person nominated is found to be unsuitable.  In addition, if the child is over age 12, the court will also take the wishes of the child into consideration.

Rather than leave the decision to the court where a parent has made no nomination, a parent is urged to create the nomination of a guardianship. Of course, this is only a summary of the issues, we would be happy to provide any information or assistance as may be needed.