Nominating Guardians for Minor Children in California

For parents of minor children, one of the most critical aspects of estate planning is nominating a guardian. A guardian is the person you choose to raise your children if both parents pass away or become unable to care for them before they reach adulthood (age 18 in California). Making this nomination legally is essential to ensure your wishes are known and to provide stability for your children during an incredibly difficult time.

This page provides general information about nominating guardians in California. It is not legal advice. The process involves significant legal and personal considerations. Consulting with a qualified California estate planning attorney is the best way to properly nominate guardians within your estate plan.

Why Nominate a Guardian?

Formally nominating a guardian in your estate planning documents (typically your Will) is crucial because:

• Expresses Your Wishes: Clearly tells the court and family who you trust.
• Reduces Uncertainty & Conflict: Avoids potential court battles or delays.
• Provides Stability for Children: Allows for a smoother transition during a difficult time.
• Avoids Unintended Outcomes: Prevents the court appointing someone you wouldn't choose.

How is a Guardian Nominated?

In California, the most common way to nominate a guardian for your minor children is within your Last Will and Testament.

• The Will should clearly state your primary nominee(s).
• Naming alternate/successor guardians is highly recommended.

While your nomination carries great weight, the judge makes the final appointment based on the child's best interests, but rarely goes against a clear nomination unless the nominee is unfit.

Factors to Consider When Choosing a Guardian

Selecting a guardian is a deeply personal decision. Factors to consider include:

• Values and Parenting Style
• Existing Relationship with Children
• Age and Health of Nominee
• Financial Stability
• Location (Would children move?)
• Willingness to Serve (Discuss it!)
• Nominee's Family Situation