If you’re a parent, one of the most important questions is: who will take care of my children if I pass away? Appointing a guardian for minor children ensures that someone you trust can care for your kids and make important decisions on their behalf.
Without a designated guardian, the court will decide on the caregiver. Any interested party will be able to make a claim for the child’s guardianship in this case. If you don’t have a trust, this person would also be responsible for all of your child’s assets.
This article answers the most frequently asked questions about guardianship and offers guidance for selecting the right person to care for your children in case of an emergency.
What Is a Legal Guardian?
A legal guardian for minor children is a person appointed by the court to care for your kids and make decisions on their behalf. This includes:
-
Providing daily care and supervision
-
Making decisions about education, health care, and personal needs
-
Taking care of doctor’s appointments, school paperwork, extracurricular activities
A legal guardian assumes all legal responsibilities for your minor children until the court terminates the guardianship or the child reaches 18 years of age.
How Long Does Guardianship Last?
Guardianship typically remains in effect until the child turns 18 or until a court orders its termination.
How Long Does It Take to Appoint a Guardian?
After filing a guardianship petition, the process usually takes 2–6 months, depending on the child’s age, the court’s schedule, and any investigations required.
Who Can File for Guardianship?
If you have a designated guardian, the court will formalize your appointments. But if you don’t have a designated guardian, anyone interested in your child’s welfare can petition for guardianship, whether they are related to your child or not.
The judge will then decide who is the best guardian based on the child’s needs and the evidence presented.
Important: The court may not know your family or your child’s unique needs as well as you do. Without clear guidance, the “best” guardian is determined by the information presented in court in a relatively short hearing.
Can I Choose My Children’s Guardian Myself?
Yes! You can designate a guardian in:
-
Your will
-
A power of attorney for incapacity
-
A separate guardianship declaration covering both death and incapacity
This allows you to select the person you trust to care for your children, rather than leaving the decision to the court.
How to Select the Best Guardian for Your Child
When choosing a guardian for minor children, consider:
-
Relationship with your child
-
Prefer someone your child knows and has a strong attachment to.
-
-
Marital or family status
-
If the guardian is married, plan for divorce or separation scenarios. Decide who would care for your children if the guardian’s circumstances change.
-
-
Location
-
Consider a temporary guardian nearby in case of emergencies, even if the permanent guardian lives out of state.
-
-
Financial responsibility
-
If the guardian may manage your child’s estate, ensure they are financially responsible. You can appoint a separate guardian for your child’s finances if needed.
-
Selecting a guardian ensures your child receives care, guidance, and love, providing peace of mind that someone you trust will influence their upbringing positively.
Get Help Appointing a Guardian for Your Minor Children in San Diego
Appointing a guardian is one of the most important steps in estate and family planning. If you would like guidance on selecting the right guardian for your minor children in San Diego, contact our office:
-
Phone: 858-764-2547
Our team can help you create a plan that protects your children and gives you peace of mind.