GUARDIANSHIPSGUARDIANSHIPS

Daniel K. Printz, Esq.Daniel K. Printz, Esq.

THE LAW OFFICE OF DANIEL K. PRINTZTHE LAW OFFICE OF DANIEL K. PRINTZServing California Families and BusinessesServing California Families and Businesses

What is a What is a Guardianship?Guardianship? A Guardianship is A Guardianship is

when a Court appoints when a Court appoints an adult who is not an adult who is not the child’s parent to the child’s parent to take care of the child take care of the child or the child’s or the child’s property.property.

Two Types:Two Types:– Guardian of the PersonGuardian of the Person– Guardian of the EstateGuardian of the Estate

Why is Guardianship Why is Guardianship Necessary?Necessary?No parent is available due to:No parent is available due to: DeathDeath IncapacityIncapacity ImprisonmentImprisonment Loss of parental rights (e.g., adoption)Loss of parental rights (e.g., adoption)

What is a Guardian of What is a Guardian of the Person?the Person? Guardianship of the PersonGuardianship of the Person is set up because is set up because

a child is living with an adult who is not a parent, a child is living with an adult who is not a parent, and the adult needs the legal authority to make and the adult needs the legal authority to make decisions on behalf of the child.decisions on behalf of the child.

In a Guardianship of the Person, the In a Guardianship of the Person, the guardianguardian has full legal and physical custody of the child.has full legal and physical custody of the child.

What does the What does the Guardian of the Person Guardian of the Person do?do? The The guardianguardian generally has the same generally has the same

responsibilities as a parent.responsibilities as a parent. The The guardianguardian is responsible for the is responsible for the

child’s care, including the child’s:child’s care, including the child’s:– Food, clothing and shelter Food, clothing and shelter – Safety and protection Safety and protection – Physical and emotional growth Physical and emotional growth – Medical and dental care Medical and dental care – Education and any special needs. Education and any special needs.

What is a Guardian of What is a Guardian of the Estate?the Estate? A A Guardian of the EstateGuardian of the Estate manages a child’s income, manages a child’s income,

money, or other property until the child turns 18.money, or other property until the child turns 18. A child may need a A child may need a Guardian of the EstateGuardian of the Estate if s/he if s/he

inherits money or assets. If there is a surviving Parent, inherits money or assets. If there is a surviving Parent, the Court will appoint someone to be the Guardian of the Court will appoint someone to be the Guardian of the child’s Estate.the child’s Estate.

What does the What does the Guardian of the Estate Guardian of the Estate do?do?

Provide funds for child’s health, Provide funds for child’s health, education, support, and education, support, and maintenance.maintenance.

Ensure assets are working for the Ensure assets are working for the child, earning interest, etc.child, earning interest, etc.

Protect assets from loss by Protect assets from loss by embezzlement, theft, fire, etc., by embezzlement, theft, fire, etc., by securingsecuring and and insuringinsuring..

Can they be the same Can they be the same person?person? Yes.Yes. Some reasons to choose two different Some reasons to choose two different

persons to serve as Guardians:persons to serve as Guardians:– To protect the Guardian of the Person from To protect the Guardian of the Person from

temptation.temptation.– If the preferred Guardian of the Person not If the preferred Guardian of the Person not

financially responsible.financially responsible.– If the preferred Guardian of the Estate If the preferred Guardian of the Estate

doesn’t share your family values.doesn’t share your family values.– To provide Checks and Balances for each To provide Checks and Balances for each

other.other.

How are Guardians How are Guardians appointed?appointed? Probate Court hearingsProbate Court hearings Your nomination is a primary Your nomination is a primary

considerationconsideration Judge decides, based on input from:Judge decides, based on input from:

– The parents (through your written The parents (through your written nomination)nomination)

– A Court investigatorA Court investigator– An attorney appointed for the childAn attorney appointed for the child– Family and friends, if offeredFamily and friends, if offered

What if I don’t What if I don’t nominate a Guardian?nominate a Guardian? Again, the Court will decide, but this Again, the Court will decide, but this

time without your input.time without your input.– Who will tell the Court about ‘odd Uncle Who will tell the Court about ‘odd Uncle

Johnny’ and ‘flaky aunt Jill?’Johnny’ and ‘flaky aunt Jill?’– How will the Court know what relatives How will the Court know what relatives

share your values?share your values?– How will the Court know that Joe and Jane How will the Court know that Joe and Jane

are your good friends and share your are your good friends and share your values, while your brother Jacky is values, while your brother Jacky is practically a stranger?practically a stranger?

““Anyone but my wacky Anyone but my wacky brother Jacky!”brother Jacky!”

How do I nominate a How do I nominate a Guardian?Guardian? Probate Code Sections 1500, et seq.Probate Code Sections 1500, et seq. In writing, usually in a Will.In writing, usually in a Will. Where other parent nominates or Where other parent nominates or

consents in writing to the same consents in writing to the same Guardian (or pre-deceases).Guardian (or pre-deceases).

Can be conditional: “I nominate Sarah Can be conditional: “I nominate Sarah Jessica Parker, IF she is still married to Jessica Parker, IF she is still married to Matthew Broderick as of the date this Matthew Broderick as of the date this nomination is considered.”nomination is considered.”

Should I nominate Should I nominate backups?backups? Absolutely.Absolutely. Your preferred Guardian might be Your preferred Guardian might be

unavailable (due to death, incapacity, unavailable (due to death, incapacity, or imprisonment).or imprisonment).

Your preferred Guardian might be Your preferred Guardian might be unwilling.unwilling.

Your preferred Guardian might become Your preferred Guardian might become Guardian, and THEN become Guardian, and THEN become unavailable or unwilling.unavailable or unwilling.

What can the Law What can the Law Office do to help me?Office do to help me? Guardian Nomination Guardian Nomination

onlyonly Simple WillsSimple Wills Wills + Incapacity Wills + Incapacity

DocumentsDocuments Testamentary TrustTestamentary Trust Testamentary Trust Testamentary Trust

+ Incapacity + Incapacity DocumentsDocuments

Complete Estate Complete Estate Plan, including Plan, including Revocable TrustRevocable Trust

$50$50

$200 ($100/parent)$200 ($100/parent) $300 ($150/parent)$300 ($150/parent)

$500 ($250/parent)$500 ($250/parent) $700 ($350/parent)$700 ($350/parent)

$1,800-$2,500$1,800-$2,500

How do I contact the How do I contact the Law Office?Law Office? Fill out the form at this meeting.Fill out the form at this meeting. Call for an appointment:Call for an appointment:

– (858) 740-4370(858) 740-4370 Email us to set up an appointment:Email us to set up an appointment:

– info@TheLegacyLawyer.cominfo@TheLegacyLawyer.com