Parenthood involves planning not only for your day to day responsibilities, but also for the major “what-ifs.” If you have minor children, have you thought about who you would want to take care of them if both you and the other parent become incapacitated or pass away? California law lets you choose in your will who you’d want to raise your children if you and the other parent are unable to. This is done through a “guardianship.”
Your choice of guardian is one of the most important decisions you’ll make in your will, so how do you decide? In “How to Choose a Guardian,” mother of three Denise Oliveri proposes that you figure this out by answering five questions. To decide who will be right for the job, she suggests you evaluate age and health concerns, moral and educational values, financial ability to care for a child, and whether your child would have to move away.
Property & Money Matters
Splitting up responsibilities – Sometimes you’ll find it’s best to name different people to handle the parenting and the finances. This will depend on the personalities, schedules, and skills of those who you would want to care for your child. In this case, you can name a “guardian of the person” to raise your child, and a “guardian of the estate” to manage money and assets left behind for your child.
Decide how the inheritance should be handled – Remember that you may only want certain property to be gifted under your will if your chosen guardian accepts the appointment in court. That way, you can make sure these resources are available for your kids even if the person you nominated turns down the guardianship. We’ll ensure you take this and similar considerations into account so that your will matches your wishes. Another option is to create a living trust that names a trustee to manage finances. This can be a better option for you and your kids, and give you more control over how and when money will be spent.
Making sure your wishes are carried out
Choose alternates – In the event the guardianship becomes necessary later on, what happens if the person you choose can’t act as guardian any more? You can plan for this possibility by naming alternate guardians. This gives you greater security that your child or children will be cared for by someone you’ve chosen.
Think your choices through in your will – If the person you’ve chosen is comfortable with taking on the role of guardian and accepts, then your next step will be to include your guardianship decisions in your will and the other parent’s will. If you’ve chosen a couple to act as co-guardians, we’ll prepare your will to make sure it accurately reflects your intentions. For example, if the couple later divorces or one spouse dies, will you still want either spouse to be your child’s guardian?
Don’t leave it all for the judge to decide
As long as you’ve nominated your guardian in a valid will, then the chances are the court will appoint the person you’ve chosen as guardian. The court will only deny the appointment if it’s necessary to protect your child’s best interests. You may recall Michael Jackson’s mother was approved as guardian to his three children, as reported by CNN, despite concerns of her age.
If you didn’t name a guardian in your will, then the decision will be left completely in the judge’s hands. The court will try to make the best decision for your child, but the appointed guardian may be different from who you would have wanted. Remember, it’s not enough to just come to an informal agreement about guardianship with your family and friends. Your nomination has to be properly made in your will.
Our experienced wills, trusts, and probate attorneys are here to help you understand guardianships and its responsibilities. We’ll also prepare a will and living trust that’s comprehensive enough to truly carry out your goals. Don’t miss a chance to help ensure your children’s security and well-being will be protected. Contact San Diego Law Firm at (619) 794-0243.
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