Guardianship Nomination
For parents of minor children, naming a guardian is the single most important decision in your estate plan. A guardianship nomination is the legal document that tells the court who you want to raise your children if you and the other parent are unable to do so. Without one, a judge who has never met your family makes that decision. Our attorneys can help guide you in making the best choices for you and your children by putting your wishes in writing and avoiding a costly and possibly contentious situation.
WHY IT MATTERS
What Happens to Your Children If You Have Not Named a Guardian?
If both parents die or become incapacitated without a guardianship nomination in place, the court decides who will raise your children. The judge considers the best interests of the child, but does so without knowing your family, your values, or your preferences. The process is public, can be contested by multiple relatives, and may produce an outcome you would never have chosen.
A Judge Decides Who Raises Your Children
Without a nomination, the court evaluates any person who petitions for guardianship. This may include relatives you would not have chosen, or it may result in your children being placed with someone based solely on proximity or willingness rather than the values, stability, and relationship you would have prioritized.
Family Members May Fight Over Custody
When there is no written nomination, multiple relatives may petition the court for guardianship. Grandparents, aunts, uncles, and other family members may each believe they are the best choice. These contested proceedings can take months, create lasting family conflict, and put your children through an emotionally traumatic experience at the worst possible time.
Your Children May Be Temporarily Placed with Strangers
While the court determines who should serve as guardian, your children may be placed in temporary foster care or with a court-appointed temporary guardian. Even if this placement is brief, the disruption and uncertainty can be deeply distressing for children who have just lost their parents.
THE MOST IMPORTANT DECISION FOR YOUR FAMILY
Give Your Children the Security of a Plan
Naming a guardian is something every parent knows they should do, but many put it off because the decision feels overwhelming. In a free, no-obligation consultation, a Board Certified estate planning specialist will walk you through the factors to consider and help you make a decision that protects your children and reflects your family’s values.
COMPREHENSIVE GUARDIANSHIP PLANNING
What Guardianship Planning Covers
A guardianship nomination is more than a single line in your will. Thorough guardianship planning addresses who will care for your children, how their financial needs will be met, and what instructions you want to leave for the people who step into your role.
Guardian Nomination in Your Will
Your will is the primary legal document where you formally nominate a guardian for your minor children. California courts give significant weight to a parent's written nomination. We draft language that is clear, legally sound, and structured to withstand any potential challenge.
Alternate and Successor Guardians
Your first-choice guardian may not be available when the time comes. They may have health issues, financial difficulties, or personal circumstances that prevent them from serving. We help you identify and name one or more successor guardians so the court always has a clear next option that reflects your preferences.
Guardian for the Person vs. Guardian of the Estate
California law distinguishes between a guardian of the person (who raises the child and makes daily decisions) and a guardian of the estate (who manages the child's finances and inheritance). These can be the same person or two different people. We help you evaluate whether separating these roles is appropriate for your family.
Letter of Intent for Guardians
A letter of intent is a non-binding companion document that provides your chosen guardian with guidance about your children's daily lives, routines, values, education preferences, medical history, religious upbringing, and anything else you want them to know. While not legally enforceable, it gives your guardian a roadmap for honoring your parenting approach.
Coordination with Your Trust
If you have a revocable living trust, guardianship planning should be coordinated with your trust provisions. Your trust can include specific instructions for how funds should be used for your children's care, education, healthcare, and living expenses, ensuring your guardian has the financial resources they need without giving them unrestricted access to your children's inheritance.
Temporary or Emergency Guardianship
In addition to your long-term guardianship nomination, you can designate a temporary guardian who can step in immediately in an emergency while the permanent guardianship is being established. This is especially important for single parents and for families whose nominated guardian lives in a different city or state.
COMMON QUESTIONS
Guardianship Nomination FAQs
What is a guardianship nomination?
A guardianship nomination is a legal statement, typically included in your will, that identifies the person you want to raise your minor children if you and the other parent are unable to do so. California Probate Code gives significant weight to a parent’s written nomination, though the court retains ultimate authority to determine what is in the best interest of the child.
Where is the guardian nomination documented?
The primary place for a guardianship nomination is in your last will and testament. A revocable living trust cannot nominate a guardian because trusts deal with property, not the care of a person. This is one of the key reasons why a will remains essential even for families that have a trust-based estate plan.
Can I name different guardians for different children?
Yes. While most parents prefer to keep their children together, California law allows you to name different guardians for different children if your circumstances warrant it. For example, if you have children from different relationships, or if a particular child has special needs that require a guardian with specific expertise, separate nominations may be appropriate.
What happens if the person I nominate cannot serve?
If your nominated guardian is unable or unwilling to serve when the time comes, the court will look to your alternate or successor guardian nominations. If no alternates are named, the court will determine who should serve based on petitions from interested parties. Naming at least two successor guardians significantly reduces the risk that a stranger or someone you would not have chosen ends up caring for your children.
Can the other parent contest my guardian nomination?
In most cases, if the other parent is alive and has legal custody, they have priority over any nominated guardian. A guardianship nomination primarily applies when both parents have died, or when the surviving parent is unable or unfit to serve. If you have concerns about the other parent’s ability to care for your children, we can discuss how to address those concerns within the boundaries of California law.
A court-appointed guardianship of the person ends when the child turns 18. A guardianship of the estate may continue if the child has an inheritance that is managed by the guardian of the estate, though many families use a trust to manage assets for children beyond age 18 to ensure funds are used responsibly.
Davis & Davis LLP specializes in urgent and emergency estate planning. If you or a family member is facing a medical crisis and needs a directive established quickly, we can act immediately. Lawrence Davis’s commitment to being there when it matters most, reflected in his trademarked tagline “If you’re near death, I’m nearby,” means we are prepared to meet with you wherever you are, including in hospitals and care facilities, to ensure your wishes are documented while you still have the capacity to express them.
How often should I review my guardian nomination?
Review your nomination every two to three years, or whenever a significant change occurs: the nominated guardian’s health or personal circumstances change, your relationship with them evolves, your children’s needs shift, or your family structure changes due to divorce, remarriage, or the birth of additional children. What was the right choice five years ago may not be the right choice today.
Serving Families Across the San Fernando Valley and Los Angeles
Davis & Davis LLP is based in Porter Ranch, California, and helps parents establish legally sound guardianship nominations throughout the San Fernando Valley, greater Los Angeles, and the state of California.