Designation of Guardian for Minor Children
One of the Most Important Decisions for Parents
Estate planning for parents is not only about property. It is also about deciding who should care for minor children if both parents are unable to do so.
A parent can nominate a preferred guardian through estate-planning documents. The court ultimately has authority to appoint a guardian, but a clear and properly documented nomination gives important guidance about the parent’s wishes.
Guardian of the Person and Guardian of the Estate
California distinguishes between responsibility for the child’s personal care and responsibility for property belonging to the child. A guardian of the person is responsible for the child’s care and well-being. A guardian of the estate may be responsible for managing property owned by the child.
Those roles do not always have to be filled by the same person. In many estate plans, a trustee manages inherited assets for the child while the nominated guardian focuses on day-to-day care.
Choosing a
Guardian
Parents often begin with family relationships, but practical considerations are just as important. The proposed guardian’s age, health, location, relationship with the child, family situation, values, and willingness to serve should all be considered.
Parents should also name one or more alternate choices in case the first nominee is unable or unwilling to serve when the time comes.
Coordinate Guardianship With the Child’s Inheritance
A guardianship nomination should be coordinated with the trust or will that controls the child’s inheritance. Rather than requiring an inheritance to be distributed outright at a young age, a trust can specify how money may be used for education, health, support, housing, and other needs over time.
The person raising the child can be the trustee, but it may also make sense to separate those roles depending on the family and the assets involved.
Discuss the Plan Before It Is Needed
Parents should speak with the proposed guardian and make sure the person understands and accepts the responsibility. The estate plan can then document the nomination and coordinate it with the rest of the family’s legal and financial plan.