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Gretchen Boger

Guardianship Considerations in Estate Planning: Choosing the Right Caregivers for Minor Children

July 16, 2025/in Family Law /by Gretchen Boger

When it comes to estate planning, many people think of wills, trusts, and dividing up assets. But for parents of minor children, one of the most important decisions to make is choosing a legal guardian. If something unexpected happens to you, who will step in to raise and care for your children?

At LPEP, we understand that this question isn’t easy. But making a thoughtful plan now helps protect your children’s future and gives you peace of mind. Here’s what you need to know about guardianship considerations in estate planning.

What Is a Guardian?

A guardian is the person legally appointed to care for your minor child if both parents pass away or are otherwise unable to care for them. This includes making day-to-day decisions, providing a home, and ensuring the child’s physical, emotional, and educational needs are met.

In California, you can name a guardian for your child in your will. If you don’t make a plan, a judge will decide who takes on that responsibility, and it might not be the person you would have chosen.

What to Consider When Choosing a Guardian

It’s a big decision to make, but here are a few key things to think about:

  • Shared values: Does the person share your values, parenting style, and views on education, discipline, and religion? You want your children to be raised in a way that aligns with your beliefs.
  • Stability: Consider the guardian’s age, health, and overall lifestyle. Will they be emotionally and physically able to raise your children for years to come?
  • Location: Will your child need to move far away, change schools, or adjust to a completely different environment? Sometimes staying close to friends, relatives, or their familiar community can help provide comfort.
  • Existing relationships: Does your child already have a close, trusting relationship with this person? That connection can make a difficult transition a bit easier.
  • Willingness: Always talk to the person you’re considering. Don’t assume they’ll be able or willing to take on the role, as it’s a big responsibility.

Naming a Backup Guardian for Minor Children

Life can be unpredictable, so it’s smart to name an alternate guardian just in case your first choice can’t step in. This ensures your children are protected no matter what.

A young girl hugs her teddy bear in a family lawyer’s office, representing the emotional side of choosing a legal guardian for a child’s future.

Including Guardianship in Your Estate Plan

Once you’ve made your decision, it’s important to make it official. Work with an estate planning attorney to put your wishes in writing. This can be done as part of a will or a broader estate plan.

At LPEP, we specialize in helping California families create personalized estate plans that reflect their unique values and protect the people they love most. We’ll guide you through the process and help you make confident, informed choices.

Protect Your Child’s Future By Choosing a Legal Guardian

Choosing a guardian is never easy, but it’s one of the most loving things you can do for your children. By planning ahead, you take control of their future and give them the best chance for stability, care, and security, no matter what life brings.

Have questions about estate planning or guardianship in California? Schedule your free consultation with LPEP today – we’re here to help you protect what matters most.

 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Gretchen Boger

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Gretchen Z. Boger began her law career as a Deputy District Attorney in San Joaquin County from 2007 – 2010. During her tenure with the D.A.’s office, she prosecuted 17 jury trials. Ms. Boger has been practicing family law exclusively since January 2010. Ms. Boger joined Lonich Patton Ehrlich Policastri in 2013. She received her Juris Doctorate from the University of the Pacific, McGeorge School of Law. During her time at McGeorge, she received a concentration in trial advocacy.

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https://www.lpeplaw.com/wp-content/uploads/2025/07/bigstock-163906463.jpg 600 900 Gretchen Boger https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gretchen Boger2025-07-16 09:26:532025-07-16 09:27:41Guardianship Considerations in Estate Planning: Choosing the Right Caregivers for Minor Children
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San Jose, CA 95126

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