Why Every California Parent of a Minor Needs a Guardianship Plan in Place

As parents, we devote our lives to caring for and protecting our children. We plan for their education, their health, and their well-being—but many parents overlook one of the most important forms of protection: legally naming a guardian in the event something happens to them. In California, where the legal system steps in if no guardian is named, creating a guardianship plan is not just good planning—it’s essential.

What Is a Guardianship Plan in California?

In California, a guardianship of the person is a legal relationship in which a court appoints someone to care for a minor child when the child’s parents are deceased or unable to provide care. Parents can nominate a guardian in their will or a separate legal document, which the court will give strong consideration to when making a decision.

This guardianship plan allows you to name who should raise your child if you become incapacitated or pass away. It also lets you include instructions about how you want your child to be raised, including values, education, medical decisions, and more.

Why Naming a Guardian Matters

If you don’t name a guardian, a California judge will be left to make that decision for you. While the court’s goal is to act in the best interest of the child, the process can be lengthy, emotionally taxing, and potentially lead to outcomes you wouldn’t have chosen.

Without a plan, your child could be placed in temporary foster care while the court decides who should assume long-term care. Even well-meaning relatives may find themselves in conflict over who is best suited to raise your child. By nominating a guardian in advance, you provide clarity and peace of mind—both for your family and for the court.

Short-Term vs. Long-Term Guardians

California law allows you to designate temporary or standby guardians who can step in immediately if you're temporarily unable to care for your child (for example, if you're hospitalized or traveling). These short-term guardianship documents are especially important to avoid delays or foster care placements in emergencies.

Long-term guardianship planning is typically addressed in your will or in a standalone nomination of guardian form, which becomes relevant upon your death or permanent incapacity.

Financial Planning and Trusts

In California, guardianship of the person is separate from guardianship of the estate. This means you can name one person to raise your child and another to manage the assets you leave behind. A common strategy is to create a revocable living trust, which holds assets for your minor child and names a trustee to manage those funds according to your instructions. This avoids court-supervised guardianship of the estate, which can be costly and restrictive.

By separating financial and caregiving responsibilities, you ensure your child receives the best care and financial oversight possible.

Keeping It Current

Your guardianship plan should evolve as your life changes. If your relationships shift, if your chosen guardian moves away, or if your child’s needs change, your documents should be updated to reflect that. California law allows you to revise your nomination at any time, and it’s good practice to review your estate plan every few years or after major life events.

How to Create a Guardianship Plan in California

Working with a California estate planning attorney can help ensure your guardianship nominations are properly documented and legally valid. An attorney can also help coordinate your guardianship plan with your will, trust, powers of attorney, and advance health care directive so your entire estate plan works together seamlessly.

Your guardianship plan should clearly name:

• A primary and backup guardian for long-term care

• Short-term guardians for emergency situations

• Instructions regarding your child’s health, education, and values

• A plan for managing financial assets (typically through a trust)

Final Thoughts: A Loving and Responsible Step

No one wants to imagine their child growing up without them—but planning for that possibility is one of the most selfless things you can do. In California, where the absence of a named guardian can lead to delays, court involvement, and family disputes, a well-crafted guardianship plan provides certainty and comfort in a time of crisis.

If you’re a parent of a minor child and haven’t yet created a guardianship plan, now is the time. With the right guidance, the process is straightforward—and the peace of mind is priceless.

Call to get more Information. I look forward to hearing from you! (714) 619-4145