Estate Planning Attorney in Santa Clarita
Most parents who start an estate plan are asking one question. Who would raise our children if neither of us could? An estate planning attorney in Santa Clarita can help you answer it in writing, on your own schedule, while everyone is healthy.
The answer usually involves another person, such as a sister, a close friend or a set of grandparents. Before agreeing, that person tends to ask reasonable questions in a predictable order. California law and a written plan answer most of them.
Gold Law was founded in 1998 and serves families on both sides of the Ventura and Los Angeles county line. Its one office is located at 484 Mobil Avenue, Suite 26 in Camarillo. If a guardianship case later has to be opened in Los Angeles County, the same firm prepares the filing and appears for the client.
When you are ready to talk it through, call (805) 388-8800 and Gold Law will find a meeting time that suits your family.
How Santa Clarita Parents Name a Guardian for Minor Children With Help From an Attorney
A future guardian's first question is usually direct. Why me, and what exactly am I agreeing to? Gold Law's estate planning attorneys start there too. A guardian is the adult a court puts in charge of raising a child when no parent can. A nomination is your written statement of who you want in that role.
Parents do not appoint the guardian themselves. They name their choice, and a judge makes the appointment after reviewing the case. If one parent survives, that parent ordinarily keeps raising the children, so the nomination matters only when neither parent can raise the children.
Consider two Santa Clarita parents who name the father's younger brother in their will and no one else. Three years later, he takes a job overseas and can no longer take the children in. The will still names only him, so the judge has no backup choice from the parents. A second name would have avoided that gap.
Why the Nomination Usually Sits Inside a Will
Parents most often place the guardian nomination in their will. A will takes effect at death, which is when the nomination would be needed. Beyond the nomination, a will directs property and names an executor, the person who manages the estate. It is usually signed at the same appointment as a durable power of attorney and an advance health care directive.
How Many Backup Guardians Our Attorneys Suggest Naming
Most families are well served by a first choice and at least one alternate, the person who steps in if the first choice cannot serve. Each person on the list should be asked in advance, since a surprised nominee may decline. Probate Code section 2105 allows a court to appoint two or more joint guardians. When there are two, both must agree before either can exercise a guardian's power. Parents who want a married couple to serve can name one spouse as the guardian or state a preference in case the couple separates.
What Happens When No Guardian Is Named and Why Santa Clarita Attorneys Raise It First
A nominee often asks a second question. What would have happened if you had never asked anyone? A judge would still choose someone, but with less information than the parents had. Relatives who want to care for the children could each ask to be appointed.
Gold Law's attorneys raise this early because it is a common gap in a young family's paperwork. A nomination reduces how much the judge and the family have to guess.
Consider a Santa Clarita couple whose parents live in two different states. Both sets of grandparents are loving and capable, and each believes they know what the couple wanted. Nothing in writing says which home the parents preferred. The family has to resolve a question the parents could have settled in a single paragraph. A short letter from the parents explaining their reasons often helps relatives accept the choice.
Gold Law does not handle custody disputes between two living parents, which belong to family law. Its guardianship work covers situations where no parent is able to care for a child, along with the planning that prepares for them.
What a Judge Weighs When Nobody Was Nominated
The Los Angeles Superior Court's page on what a guardianship is lists what a judge may rely on. That list includes the parents' wishes, the petition, the court investigation, the child's wishes if the child is 12 or older, and the child's best interests. Probate Code section 1514 points guardianship judges to the custody rules in the Family Code. When custody goes to neither parent, Family Code section 3040 favors the home where the child has been living in a stable setting. After that, it allows any other suitable person the court finds able to provide proper care.
Who Looks After the Children Before a Judge Rules
Families often ask who cares for the children while a guardianship case is pending. In practice, a trusted relative usually takes the children home while the paperwork begins. California offers two tools for that period, and neither one replaces the full appointment. Keeping copies of the will and the children's medical information where the nominee can find them makes both tools easier to use.
What a Temporary Guardianship Covers
Probate Code section 2250 lets a person who is entitled to petition for guardianship ask for a temporary guardian once the main petition is on file. The request has to show good cause, and the temporary guardian serves until the court decides the main petition. Notice of that hearing generally goes out at least five court days ahead. If a custodial parent has died and the person asking is that parent's nominee, the court may treat that as good cause to skip delivering the notice.
What a Caregiver's Authorization Affidavit Lets a Relative Do
Under Family Code section 6550, an adult caregiver the child lives with can sign an affidavit to enroll the child in school and consent to school related medical care. A caregiver who is a relative and completes the longer portion of the form can also authorize medical and dental care. The California Courts guide to options other than a guardianship explains that the form is not filed with the court and does not need a notary. It has to be signed again each year and stops working if the child moves out. It gives no legal custody, which is why a guardianship is usually still needed.
How Santa Clarita Attorneys Separate the Person Who Raises Your Children From the Person Who Manages the Money
A nominee who agrees to raise the children usually asks a third question. Do I have to handle the money too? The two roles can be held by different people. The guardian raises the children and makes daily decisions about school, health and home life. A trustee is the person who manages money held in a trust and spends it according to the written terms.
Why Our Attorneys Recommend Holding a Child's Inheritance in Trust for Santa Clarita Families
Which Courthouse Hears a Santa Clarita Guardianship Petition and What Our Lawyers Prepare for It
Santa Clarita Valley and North San Fernando Valley Parents Who Choose Our Estate Planning Lawyers
Choose Your Children's Guardian Now Alongside an Estate Planning Attorney in Santa Clarita
Choosing who would raise your children is a hard decision, and it becomes easier once it is written down. Gold Law helps parents name a guardian and a backup, choose a trustee and create a children's trust. No document can promise how a court will rule. A clear nomination still gives the judge the clearest guidance your family can offer.
Before your first meeting, think about who you would ask and why. Bring any existing will, trust or life insurance information you already have. Many parents have not yet spoken with anyone when they first meet with the firm.
The office is located at 484 Mobil Avenue, Suite 26, Camarillo, CA 93010. Hours run Monday through Thursday 9am to 5pm and Friday 9am to 1pm.
For a planning session with an estate planning attorney in Santa Clarita, call (805) 388-8800 or leave your details with Gold Law to book a free consultation. Both parents can join a video consultation from home or work. Marissa Garcia, the firm's managing attorney, holds Certified Specialist status in Estate Planning, Trust and Probate Law, granted by the State Bar of California Board of Legal Specialization.
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