What Does it Mean to Be the Guardian in a Will in California?

Choosing the guardian of your minor children is likely one of the most important aspects during the process of creating your Anaheim estate plan. To ensure that you make the right choice for your family, you may want to consult with the individual or individuals that you are planning to name for this role to get their feedback. These potential guardians may have questions about what it means to serve as a guardian. It is certainly a huge responsibility and therefore should be fully considered before accepting.

The following are six helpful facts about being appointed the guardian of a minor child in a Will:

  • A guardian is responsible for the child’s food, shelter, health care, education, and emotional and physical well-being.
  • A guardianship lasts until the minor turns 18, unless a court determines that the guardianship is no longer in the child’s best interest.
  • A guardian may petition the court to terminate a guardianship.
  • Guardians are usually responsible for the actions of the child, including harm or damages that the child causes intentionally.
  • If there is a surviving parent, he or she is the natural guardian of the child unless the parent is found guilty of neglect or abandonment.
  • More than one person can be appointed guardian, and the two can share these responsibilities.

Understanding the process of estate planning will help guide you in making important decisions such as these. Our free guide, The Ten Things You Must Know before Creating (or Amending) Your Will or Trust, offers helpful information. For personalized guidance, however, contact the experienced Orange County estate planning attorneys at the Law Office of James F. Roberts & Associates, APC. Call our office today at (714) 459-5481 for a consultation.

James F. Roberts
Founder and owner of the Law Office of James F. Roberts and Associates, a premiere estate planning law firm
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