When planning for the future of your family, especially minor children, you need a Lancaster CA guardianship lawyer who can guide you through the legal process. It can be difficult to plan for the health and welfare of your children. You may be unsure about what they will need and who can help them. By working with an experienced estate planning attorney from Herbert Law Office, you can rest assured that your children will be provided for in case something happens to you. Call us today to learn more about how we can help.
What Is a Guardianship?
A guardianship is a legal status that is established in your will and authorized by a court. It allows someone other than biological parents to care for minor children and make decisions about their health and welfare. Biological parents may approve of a guardianship or the person who is seeking guardianship may do so outside of the parents’ authorization. In either situation, a court will evaluate the guardianship petition. It will then make a determination about whether the guardianship is in the child’s best interests.
How Is a Guardian Chosen?
Parents often choose a person to serve as their child’s guardian in case the parents are no longer able to care for the child. However, a guardian may also petition the court independently. The court will review any request for guardianship and assess the best interests of the child.
A guardian may provide for the legal or custodial care of a child. When a guardian has power over legal issues, like finances, healthcare, and education. Custodial guardians typically live with the child and contribute to their daily needs. A person who is a guardian may have control over one area of a child’s life, or all areas.
Guardians are often family members or close friends of the biological parents of children. A potential guardian should be aware that they have been chosen by the parents. Guardians should also be given an opportunity to accept or reject the appointment of guardianship to children. This will prevent potential problems in the future.
A Lancaster CA guardianship lawyer can help you select a vet a guardian for your children. You will likely want to know more about your guardian’s past and ability to care for your children. Your attorney can review your selections and help you make a decision that will be in the best interests of your children.
Guardianships in a Will
Many parents establish a guardian for their children in their will during estate planning. This provides for the health and well-being of their children in case something happens to the parents and they are no longer able to care for them. This could include death or other medical emergencies where both parents are unable to care for their children.
A guardianship lawyer can help you establish a guardianship through a will. It’s important to consult with an attorney to make sure you follow legal procedures. This will prevent problems when the court reviews the guardianship when the parents are no longer able to care for their children.
Setting Up Finances for Your Guardian
If you appoint someone to be your child’s guardian, you will also want to make sure they have the financial resources to care for your child. You can do this through your living trust. It’s important to designate funds for the care of your child carefully. If you leave money to a specific person, there may be confusion about what it should be used for. Also, you may elect money to be used for your child in specific ways so that your wishes are carried out after you pass away.
It can be costly to care for a minor child. That’s why you need to make sure your will and other estate planning documents establish funds for their care. A guardianship lawyer can help you set up a trust, designate money in a will, and best provide for your children.
What If You Don’t Select a Guardian for Your Children?
If you don’t have a will or fail to select a guardian for your children, then the court may select one for you. They will consider family relationships and assess who may be best capable of caring for your children. It’s possible that the court will not select the person you wish to care for your children after you pass away. For this reason, it’s important to work with a Lancaster CA guardianship lawyer. He can help you set up a guardianship and finances for your children.
Call a Lancaster CA Guardianship Lawyer at Herbert Law Office Today
You care very much about the future of your children and what happens to them after you become unable to care for them. This may include situations where you pass away as well as when you are temporarily unable to care for your children. It’s important to set up a guardianship and finances for your guardian and children through a will or other estate planning documents. Call Herbert Law Office today for more information.