Guardianship Provisions Attorneys in Granite Bay, California

Importance of Including Guardianship Provisions in Your Estate Plan

What happens when you don’t include guardianship provisions in your estate plan?

In the event that you and your spouse should pass away before your children reach the age of 18, the court will most likely appoint a guardian to provide for their care. The same is true if you are caring for a disabled adult child.

Court-appointed guardians may be close family members or others as determined by the provisions of state law. They may also be individuals who have petitioned the court for appointment as guardians. However, the person the court appoints may not be the same person you would have chosen under the circumstances.

Fortunately, you can address the question of guardianship in your estate plan.

When you work with our estate planning lawyers at Herrig, Vogt & Hensley, LLP, we can ensure that you have provisions in your will that discuss guardianship of your dependents. This process allows you to name the person you most trust to step into your role and to care for your children when you are no longer able to do so.

In addition to appointing a guardian, you can also leave detailed instructions concerning your wishes for how the children will be raised in terms of education, religious observances, dietary requirements, and other matters.

Guardian of The Person and Guardian of The Estate

There are two types of guardians in California: guardian of the person and guardian of the estate. A guardian of the person essentially assumes the role of a parent and the common decisions a parent makes, such as:

• Where the child will live

• Where the child will go to school

• What types of medical treatments the child will receive

The guardian of the person is responsible for protecting the child and tending to his or her emotional and physical well-being.

A guardian of the estate is primarily responsible for overseeing the child's financial affairs. The child may be the recipient of life insurance proceeds or trust assets but cannot legally own these assets while still a minor.

Depending on the circumstances of the situation, one person may serve as both the guardian of the person and of the estate.

Considerations in Naming a Guardian

There are several important considerations to weigh when naming a guardian for your children. The most important factor is that you trust the individual. It is crucial that you select the most appropriate guardian for your children should the worst occur. It is also important to consider whether the person you name will raise your children with the values that are important to you. For the guardian of the estate, it is important to assess if the person you are considering is able to manage finances prudently. 

Our Attorneys Are Ready to Help You Plan Your Future

Our experienced estate planning attorneys can assist you with weighing your options for choosing a guardian, as well as drafting the necessary documents to ensure that the guardian knows what his or her duties are.

To learn more about this aspect of estate planning and get started on your case, contact us online for a free case evaluation.

We serve clients throughout El Dorado County, Placer County, and Sacramento County, and we are ready to help you make these important decisions and provisions in your estate plan.