Ten Mistakes Parents Make When Selecting Guardians in California
1. Believing a Will Covers Everything
While a will is a critical part of your estate plan, it only becomes effective after your passing. It doesn’t address situations where you’re alive but incapacitated or suddenly unable to care for your children. To fully protect your kids, you need separate guardianship documents that cover these “what if” moments while you’re still living.
2. Focusing Solely on Long-Term Guardians
Have you considered who would care for your children immediately if something happened to you today? Many parents overlook the need for short-term guardians, which can result in children being temporarily placed with strangers while authorities determine next steps or long-term guardians fly to California to be with your kids. Ensure you name both short-term and long-term guardians to avoid this scenario.
3. Failing to Appoint a Guardian
Some procrastinate naming a guardian and never formally make the decision. If you don’t make this difficult decision yourself, the court will decide who cares for your children, which could lead to undesirable outcomes for your family. Take control by making your wishes clear.
4. Forgetting to List Backup Guardians
Life is unpredictable—your primary choice for guardian may not be available when you need them. Always name alternate guardians to provide a safety net, ensuring your children are cared for no matter what happens.
5. Choosing Guardians Based Only on Finances
While financial stability is important, you should be leaving your children with enough assets that the chosen guardian does not need to use their own resources to raise your children. The most important factor in choosing a guardian is whether they can provide a loving, supportive environment that aligns with your family’s values. Consider where your guardian lives, their lifestyle, their values, whether they get along with the rest of your families, etc.
Remember, you can assign a separate financial guardian or trustee to manage your children’s inheritance, allowing you to choose the best caregiver for your children regardless of their financial savviness or personal income.
6. Assuming Godparents Automatically Become Legal Guardians
Many people confuse godparents with legal guardians, but the two roles are not the same. Verbal agreements or informal promises do not hold up in court. To ensure your wishes are honored, you must complete formal guardianship paperwork.
7. Overlooking Other Important Roles
Guardianship isn’t just about who will raise your children—it also involves decisions about their finances and healthcare. Make sure you have the right legal documents, such as powers of attorney and potentially a trust for your children to ensure your children are raised in the way you desire.
8. Not Sharing Your Wishes Clearly
Don’t leave your guardians guessing. Document your values, parenting preferences, and any specific instructions you want followed. This guidance will be invaluable to your chosen guardians as they care for your children.
9. Neglecting to Update Your Plan
As your family grows and changes, so should your guardianship plan. Regularly review and update your documents to reflect new circumstances, relationships, or changes in the law.
10. Naming a Couple Without a Backup Plan
Even the strongest relationships can change. If you’ve chosen a couple as guardians, consider what would happen if they separate or divorce. Decide in advance whether one person would continue as guardian or if you’d prefer another arrangement, and document your wishes to avoid future disputes.
The Solution: A Comprehensive Kids Protection Plan
A Kids Protection Plan® goes beyond traditional estate planning by providing thorough protection for your children. It ensures you avoid these common mistakes and prevents your kids from being cared for by someone you wouldn’t choose—or worse, entering the foster care system, even temporarily.
This plan includes legal documents to prevent your children from being placed with strangers, clear instructions for caregivers, and the appointment of temporary guardians who can step in right away. It also covers medical powers of attorney and provides a detailed guide to your values and wishes, so your children are raised according to your vision.
Ready to protect your children? Schedule a complimentary 15-minute consultation with me today. I’ll answer your questions and help you take the first step toward peace of mind and a secure future for your family.
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This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice.
