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In the event that you and your spouse should pass away before your children reach the age of 18, the court will most likely appoint a guardian to provide for their care. The same is true in cases in which parents die leaving an adult child who is dependent due to physical or mental impairment. Court-appointed guardians may be close family members or others as determined by the provisions of state law. They may also be individuals who have petitioned the court for appointment as guardians. The person who is chosen to serve as guardian of your children may not, unfortunately, be the person whom you would have chosen if you had any say in the matter.
It is possible, fortunately, for you to address the question of guardianship in your estate planning strategy. When you work with the Roseville estate planning lawyers at Herrig & Vogt, LLP, we can assist you with including provisions for the guardianship of your children in your will. In doing so, you can name a person whom you trust to step into your role and to care for your children when you are no longer there. In addition to appointing a guardian, you can also leave detailed instructions concerning your wishes for how the children will be raised in terms of education, religious observances, dietary requirements, and other matters.
There are two types of guardians in California. A guardian of the person essentially assumes the role of parent and is therefore responsible for providing for the children's food, clothing, shelter, education, medical and dental care, safety, protection and physical and emotional well-being. A guardian of the estate, on the other hand, is primarily responsible for overseeing the children's financial affairs. Depending on the circumstances of the situation, one person may serve as both the guardian of the person and of the estate.
It is vital to choose a person whom you trust to act as the guardian of your children. In all likelihood, they will never be required to step into the role of guardian, but you owe it to your children to ensure that you have selected the right person should the time come. Once this has been done, you can move into the future with confidence in knowing that you have provided for the safety and well-being of your children in the event that anything happens to you and your spouse.
Our Roseville probate attorneys can assist you with weighing your options for choosing a guardian, as well as with drafting the necessary documents to ensure that the guardian knows what his or her duties are. We serve clients throughout El Dorado County, Sacramento County and Placer County, and are ready to assist you today.
To learn more about this aspect of estate planning and get started on your case, contact us at (888) 901-8229 or online for a free case evaluation.
At our law firm, our legal team brings more than 100 years of combined experience to every case. Several of us our top-rated by peers for exceptional ethics and legal ability, known for delivering client-centered counsel for any legal issue. Discover how we can be of service in a no cost, no obligation case review.See How We Can Help: (888) 901-8229