Including guardianship provisions in your estate plan is a must, as failure to do so could result in a court deciding who will become the guardian of your children. The parents have the right to cancel this agreement at any time. The Judicial Branch of California also recommends including a medical release for emergencies. This letter should also give the guardian permission to make decisions regarding the child’s healthcare and education. If living parents agree to grant guardianship of their children to another party and do not want to go to court, they may sign a notarized letter stating that the guardian will take over custody of the child. How Can You Get Guardianship of a Child Without Going to Court? When incorporating guardianship provisions into an estate plan, it is important to provide specific guidelines, which the appointed guardian will be required to follow. If the child’s parents are incapacitated and a designated guardian is granted the authority to make these decisions, the incapacitated parents will still legally be considered the child’s parents. However, the guardian is not legally considered the child’s parent. Under guardianship, the legal guardian has the same legal rights as a biological parent, including the right to make decisions regarding the child’s discipline, education, healthcare, finances, and nurturing. Does Guardianship Override Parental Rights? You can learn more about payments and benefits for legal guardians and children under their care by contacting the San Francisco estate planning lawyers at Von Rock Law. A request for these payments and benefits may be made at a local county Health and Human Services office. Unrelated guardians may apply for foster care payments from the state of California and Medi-Cal. Legal guardians who are family members are eligible to apply for benefits under Cal-Works and Medi-Cal. However, these payments are for the children, not their guardians. In California, a program called Family Guardianship Assistance Payment (KIN-GAP) provides cash assistance and Medi-Cal (California Medicaid) benefits to eligible children under the care of legal guardians. Laws regarding pay for legal guardians of minor children vary from state to state. However, a legal guardian still has the right to include the child under their care in their estate plan through a will or trust. This means that they are not granted inheritance rights to the guardian’s estate, while adopted children typically have the same inheritance rights as biological children. Guardianships differ from adoptions, as a child living with a legal guardian is not legally considered part of the guardian’s family. Parents can delineate between guardian of the child and guardian of the child’s estate, who would manage their financed. In permanent guardianships, the guardian’s responsibilities apply until the child turns 18. The role of a legal guardian, which can be either permanent or temporary, is to care for and protect the children under their care. In an estate plan, parents of minor children should make sure to include whom they would like to be named as legal guardians for their children if the parents pass away or become incapacitated and are no longer able to take care of their children. What Is the Role of a Legal Guardian?Ī legal guardian is someone who is designated to take care of a child if their parents pass away or are deemed unfit to continue raising the child. If you have questions about nominating someone as a legal guardian in your estate plan, you can learn more by contacting the San Francisco estate planning lawyers with Von Rock Law at (866) 720-0195. This will ensure that if the unthinkable happens and both parents pass away, their children will be taken care of by someone the parents trust. Along with providing guidelines for how assets should be distributed, parents of minor children should make sure to include a legal guardian designation in their estate plans. A typical estate plan is primarily focused on the interests of the estate owner’s loved ones and other beneficiaries.
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