Failing to select guardians for minor children risks assignment of an appointed guardian by the probate court against your personal preferences and potentially against the best interests of the child in your opinion. Furthermore, family disputes can occur when individuals do not agree over custody arrangements, which can cause financial and emotional distress. Before relatives may be granted custody, for example, children may be placed into the foster system or family members may need to extend significant expenses in fighting for guardianship rights when there is no guardian named.
To avoid this, you can work directly with a Pasadena estate planning attorney. Our Pasadena estate planning lawyers are familiar with guardianship concerns and can assist you in naming a guardian in your will. You should formally nominate a guardian in your will after discussing this responsibility with proposed caregivers. You should also name alternate guardians to ensure someone is there to take responsibility if your first choice is unable or unwilling to take custody.
Finally, anytime life changes occur, review your selections and current plans with potential guardian families. Talk to our Pasadena estate planning lawyers if you have more questions about the best way to approach this process and to ensure that there is a plan of care for your loved ones if something happens to you.