Guardianship and Triggering Events Under California Law
Understanding Guardianship and Triggering Events in California From Our Lawyer in El Segundo
Most people do not think about guardianship of their children until it becomes an immediate issue in their lives, which can make it even more difficult to decide what to do. This is why parents need to understand guardianship and triggering events in California as soon as they can do so. Although this can be a difficult topic and many parents often avoid thinking about guardianship of their children, understanding this concept and what to do can make all the difference for your family. Whether you and your family live in El Segundo, throughout Los Angeles County or elsewhere in California, our lawyer can help you and your family prepare for the future.
Here at Golden State Legacy Planning, our attorney is a compassionate advocate who can help families prepare for the unexpected by having the difficult conversations now. As a dedicated lawyer in California, Kylie Tsudama understands that no parent wants to imagine being unable to care for their child. But she also knows that planning ahead is one of the most loving things you can do for your children and your family. If you have questions about nominating guardians or want to make sure your children are protected, call us today at (855) 885-GSLP(4757) for a free consultation.
What Is a Guardianship?
Guardianship means different things in different jurisdictions. According to the California Courts, a guardianship is a court process where a judge awards an adult, who is not the child's parent, the legal right to make decisions for that minor child. Said differently, guardianship is a legal arrangement where a court appoints a responsible adult to care for a minor child.
Under California Probate Code Sections 1500 through 1611, the court can grant guardianship of the person, guardianship of the estate, or both. Guardianship of the person gives the guardian physical custody and decision-making authority over the child's daily life, education, and healthcare. Guardianship of the estate allows the guardian to manage the child's finances and property. Depending on the age of the child, typically both will be awarded by the court.
Families can draft certain documents which can guide the court in performing its role. This allows parents to pick guardians, as well as successors and monitors. It also ensures a child’s wishes could be considered by the parents who know them, as opposed to a judge who does not have to follow a child’s wishes–which are often just part of the formula for what a judge will ultimately do.
Common Guardianship and Triggering Events for Minor Children
Several situations can trigger the need for a guardian. These are sometimes called "triggering events" because they create circumstances where the child's parents can no longer provide adequate care. Understanding guardianship and its triggering events helps families across California plan ahead by having a lawyer draft documents ahead of time.
Here are some of the most common triggering events that may lead to a guardianship in California:
Death of both parents or the sole custodial parent
Incarceration or detention of a parent for an extended period
Severe illness, hospitalization, or physical incapacity that prevents a parent from caring for the child
Substance abuse or addiction that makes it unsafe for the child to remain in the parent's care
Mental health conditions that significantly impair a parent's ability to provide daily care
Military deployment where no other parent is available
Abandonment or prolonged absence from the child's life, and
Other situations where a parent is not able to care for a child, either temporarily or permanently.
Any of these events can happen suddenly and without warning. That is why proactive estate planning is so important for families with young children.
How the Court Decides Guardianship in California
When someone files a guardianship petition, a court like the Los Angeles County Superior Court would consider what arrangement serves the child's best interests. A court investigator may visit the proposed guardian's home and interview family members. Under California law, the court looks at the proposed guardian's relationship to the child, their ability to provide a stable home, and any history of abuse or neglect. If a parent nominated a guardian in their estate plan, the court typically honors that nomination unless it determines the person is unsuitable.
Parents can nominate a guardian in their Last Will and Testament or through a separate legal document. The best practice is to have guardian nomination in a separate document, as a Last Will may not always be the operative document (i.e., if a parent is incarcerated, deployed, or incapacitated). Without a nomination, the court must decide who should care for the child. This can lead to disputes among family members and delays in placing the child in a stable home, including keeping a child with an agency.
Why Parents in El Segundo Should Plan for Guardianship and Triggering Events With a Dedicated Lawyer
Planning for guardianship and triggering events does not mean you expect the worst to happen. It means you are taking a responsible step to protect your children. Young parents in California often assume they have plenty of time. The truth is that accidents, illnesses, and other triggering events do not follow a schedule.
By naming a guardian in your estate plan, you give the court clear guidance about who you trust to raise your children. You also spare your family the stress of a contested guardianship hearing during an already difficult time, and further ensure that your children receive the care you want them to receive right away instead of waiting in the care of an agency while the judge decides.
Contact a Lawyer Today for Questions About Nominating Guardians and Triggering Events in California
Protecting your children starts with a plan. Golden State Legacy Planning and lawyer Kylie Tsudama are here to help California families prepare for the unexpected with compassion and care. Guardianship and triggering events are not topics anyone enjoys thinking about while they are young and in their prime, but addressing them now can bring real peace of mind and ensure a smooth transition in the event something does happen.
Call us today at (855) 885-GSLP (4757) for a free 20 minute consultation to discuss your family's needs and learn how an estate plan can keep your children safe. We are happy to meet with you in person, over the phone, or virtually to discuss how we can help you and your loved ones.
Disclaimer: The content in this blog does not constitute legal advice and does not create an attorney-client relationship. All legal information is provided for educational purposes only and is not a substitute for legal counsel. For specific legal issues, please call Golden State Legacy Planning at (855) 885-4757 and speak with an attorney.