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Guardianship

Choose a Guardian for Your Children as Part of a Complete Estate Plan

A key part of estate planning is making sure that minor children are provided for. This entails more than naming them as heirs to your estate; it requires that you designate a guardian or guardians to care for your children if you die. This is usually done as part of writing a will. The guardian you name, if approved by the court, will provide food, clothing, and shelter for the child. He or she will also be responsible for seeing that the child receives an education and instruction in values or religious beliefs that mirror yours. Because of the critical importance of these duties, it is important that you choose a guardian whose outlook and morals are similar to yours.

Guidance on establishing a guardianship

California law firms and attorneys advise people on the choice of a guardian for their children. As part of developing a comprehensive estate plan, they will remind people that their adult siblings may not be the best guardians if they do not share your philosophy of child rearing or place a similar value on education. New parents should think about protecting their children immediately after they are born, even if you are barely of legal age yourself, you must plan for the unthinkable and make sure that your children will be safe in the event of your death.

Contact an attorney to discuss naming a guardian for your children. It is important to select a guardian and create a guardianship. There are criteria that allow clients to think objectively about this emotionally charged issue.  No one expects to pass away before their time but it is best to have a plan in place to protect those you love the most.

Why a guardianship is important

One of the reasons for the importance of this part of estate planning is that the consequences of parents not taking this step is so high. In particular, families can self-destruct over battles between grandparents and siblings for custody of the children when the parents are killed in an accident. In many cases court-appointed guardians try hard, mean well, and fail miserably. Don't let this happen to your children. Instead, think now about creating a guardianship.

It is important to talk honestly about this sometimes difficult issue. Tragedies happen, and being prepared for them can impact your children and closest family members.  Good intentions and an "I'll do it later" attitude may end up hurting the people you love the most.