Why Guardian Nominations Matter
One of the most important parts of estate planning for parents with minor children is naming a guardian.
A guardian is the person responsible for caring for a child if both parents die before the child reaches adulthood.
Without a guardian nomination, family members may need to ask the court to appoint a guardian.
For families in San Jose, Santa Clara County, and throughout Silicon Valley, guardian nominations are often among the most important decisions made during the estate planning process.
Who Decides Who Will Care for the Child?
If no guardian has been nominated, a California court will determine who should serve as guardian.
The court’s primary concern is the best interests of the child.
In making that decision, the court may consider:
• the child’s relationship with family members;
• the child’s needs;
• the proposed guardian’s ability to provide care; and
• other relevant circumstances.
Family members do not automatically have the right to serve as guardian.
Can Multiple Family Members Seek Guardianship?
Yes.
In some situations, more than one relative may seek appointment as guardian.
For example:
• grandparents may seek guardianship;
• an aunt or uncle may seek guardianship; or
• different sides of the family may disagree about who should care for the child.
These disputes can be emotionally difficult and may delay the appointment process.
What Happens Until a Guardian Is Appointed?
If immediate care is needed, temporary arrangements may be necessary until the court appoints a guardian.
The specific circumstances vary from family to family.
Prompt action is often important to ensure stability and continuity for the child.
How Estate Planning Helps
Parents can often reduce uncertainty by nominating guardians in their estate planning documents.
Guardian nominations provide guidance regarding who the parents believe should care for their children.
Although courts retain ultimate authority, a properly prepared nomination is often given significant consideration.
For a broader discussion of planning options, see Do You Even Need a Trust?
Guardian Nominations Are Only Part of the Plan
Guardian nominations address who will care for a child.
However, parents must also consider who will manage money and property left for the child’s benefit.
In many estate plans, the guardian and the trustee may be different individuals.
For a discussion of trusts and planning options, see Do I Need a Trust or a Will in California?
Other Planning Considerations
Guardian nominations are only one part of planning for minor children.
Parents often also consider:
• how assets will be managed;
• who will serve as trustee;
• how funds will be distributed; and
• how children’s long-term needs will be addressed.
A comprehensive estate plan can help provide both care and financial protection.
Parents frequently create trusts to ensure that children do not receive substantial assets outright at a young age. For more information, see Why Funding Your Trust Is Just as Important as Signing It.
What If a Child Has Special Needs?
Some families have additional planning concerns.
Parents of children with disabilities or special needs often need to consider long-term care, financial management, and future decision-making responsibilities in addition to traditional guardian nominations.
Estate planning for these families frequently involves considerations beyond those faced by other parents.
Reviewing Guardian Nominations
Families change over time.
Marriage, divorce, relocation, health concerns, and changes in family relationships may all justify reviewing guardian nominations.
Periodic reviews help ensure that estate planning documents continue to reflect current wishes.
Families who own homes, have growing assets, or experience major life changes should also periodically review their overall estate plan. See Estate Planning for Blended Families for an example of how changing family circumstances can affect planning decisions.
Planning for the Unexpected
While no parent wants to contemplate the possibility of dying while children are young, planning ahead can provide important guidance and reduce uncertainty during difficult circumstances.
Nominating a guardian is often one of the most important decisions parents make when creating an estate plan.
For many young families, concerns about children are what prompt the creation of an estate plan in the first place.
To learn more about the role trusts can play in protecting children and avoiding probate, see What Assets Avoid Probate in California? and How Much Does Probate Cost in California?
Related Articles
Parents and young families may also find these articles helpful:
• Do I Need a Trust or a Will in California?
• Estate Planning for Blended Families
• What Assets Avoid Probate in California?
• How Much Does Probate Cost in California?
• Why Funding Your Trust Is Just as Important as Signing It
About the Author
Adam T. Evan is a California estate planning attorney serving individuals and families throughout San Jose, Santa Clara County, and Silicon Valley. His practice focuses on estate planning, probate, trust administration, and guardianships. He helps parents create estate plans designed to protect children, provide financial security, and ensure that important decisions are made by the people they trust most.
To schedule a consultation, contact the Law Office of Adam T. Evan at (408) 515-9005.
Law Office of Adam T. Evan 