Essential California Guardianship Clauses

One of the most important things you can do for your children is ensure they will be taken care of after you are gone.  This can be effectuated by a written will.  However, if you do not write your will properly, the binding legal document can be powerless.  For those who live in California, it is essential to take some of the state’s guardianship laws into consideration while creating your will.  Some of the laws are as follows:

• Name a temporary guardian and an alternate temporary guardian. This is an important consideration especially for those who have chosen permanent guardians who live far away.  Without a temporary guardian, your children may spend their first days without parents with strangers.
• Name a permanent guardian and an alternate. Including an alternate guardian will ensure that if something happens to your primary choice, your children will still be placed with someone you are comfortable with.
• Explain why you have chosen your guardians. In California, the court system can determine who gets guardianship of your children.  Thus, the more information you include about why you have made this choice for your kids, the more likely the court will comply with your wishes.
• Include special instructions. While you cannot watch a guardians every move, you can leave them with general wishes or guidelines, especially regarding your family’s culture, religion, values or ethics.  

See Janet Brewer, 5 Guardianship Clauses You Need in Your California Will, Probate, Trusts, and Estate Law Blog, Oct. 17, 2014. 

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.