Orange County Guardianship Attorney

Guardianship in Estate Planning

Planning for the future means more than just safeguarding your assets; it also means protecting your children. As parents, you want to ensure your children are cared for, even if you’re not there to do it yourself. Deciding who would take on that role is an important step in your estate plan. By choosing a trusted person to serve as a guardian, you can help guarantee that your children are raised by someone who shares your values and will provide them with the love and support they need.

What Is Guardianship?

Guardianship is a legal arrangement where someone is appointed to care for and make decisions on behalf of a minor child when their parents are no longer able to do so. This responsibility typically includes both the physical and emotional care of the child, ensuring they have a stable home, receive proper education, and access necessary medical care. 

There are two types of guardianship: a guardian of the person and a guardian of the estate. A guardian of the person handles day-to-day responsibilities like providing shelter, food, and education. Meanwhile, a guardian of the estate manages any financial assets or inheritance the child receives until they reach adulthood. Choosing a guardian ensures that your children will be looked after by someone you trust rather than leaving the decision to the courts.

How an Estate Plan Can Help Ensure Your Guardianship Wishes

An estate plan allows you to document your guardianship wishes clearly, ensuring they’re honored if you’re no longer able to care for your children. By naming a guardian in your will, you take control of this important decision, making it more likely that the court will respect your choice. Without a designated guardian, the court will appoint someone, which might not align with your preferences or values.

Including guardianship provisions in your estate plan also allows you to have important conversations with the person you’ve chosen. It’s vital that your selected guardian is aware of the responsibility and willing to step into the role if necessary. Additionally, an estate plan allows you to name alternate guardians in case your first choice cannot serve.

Regularly reviewing and updating your estate plan ensures that your guardianship preferences stay current and reflect any changes in family circumstances or relationships.

Considerations When Choosing a Guardian

Choosing a guardian is one of the most significant decisions in your estate plan. Here are a few key factors to consider when selecting the right person:

  • Shared values: Choose someone who shares your parenting philosophy, values, and approach to raising children.
  • Emotional connection: A strong, positive relationship between the potential guardian and your children is important for their well-being.
  • Financial stability: The guardian should have the financial means to provide for your children’s needs or be able to manage the resources you leave for their care.
  • Location: Consider whether the guardian lives in a location that aligns with your preferences for your children’s schooling, lifestyle, and social environment.
  • Willingness: Ensure the person is willing and capable of taking on the responsibility. 

Selecting alternate guardians can also provide flexibility in case your first choice becomes unavailable.

How We Can Help

We understand that choosing a guardian is a deeply personal and significant decision. At OC Wills & Trust Attorneys, we are here to help you through the process with care and guidance. Our team will work with you to ensure your estate plan reflects your wishes for your children’s future. We’ll help you consider all factors and draft the necessary legal documents so that your guardianship preferences are honored. 

Contact Our Experienced Orange County Guardianship Attorneys

Don’t leave your children’s future to chance. Contact OC Wills & Trust Attorneys today to discuss how we can help you include guardianship provisions in your estate plan. Together, we’ll ensure your children are cared for by someone you trust, no matter what the future holds.