Decide who raises your children if you can’t, before anyone else does. Naming a guardian for your minor children is one of the most important decisions a parent can make, and one document ensures your children are never placed with the wrong person or in the hands of a court. I help California families put this protection in place through a simple, fully virtual process.
Every parent asks the same quiet question: what would happen to my children if something happened to me? It’s a hard thing to sit with, which is why so many parents put it off. But leaving that answer to chance means leaving it to a California court, where a judge who never met your family decides who raises your children.
Naming a guardian puts that decision back where it belongs: with you. I am Jolene Blackbourn, a California estate planning attorney serving the greater La Crescenta area and families statewide through a secure virtual practice, and I help parents make sure their children are always in the right hands.
Guardianship is the legal relationship in which an adult is given the authority and responsibility to care for a child who is not their own, making decisions about the child’s home, education, health care, and daily life.
Through your estate plan, you can nominate a guardian: the person you want to raise your minor children if you and the other parent are ever unable to. This nomination guides the court, and courts give a parent’s chosen nomination significant weight.
Without it, the decision is left entirely to a judge, based on the court’s view of the child’s best interests, and that may not be the person you would have chosen.
If you have children under 18, this is arguably the single most important reason to have an estate plan, more urgent for many parents than any question about money.
If both parents pass away or become unable to care for their children and no guardian has been nominated, the court must step in to appoint one. That can lead to:
By naming a guardian in advance, you make your wishes clear, reduce family conflict, and give your children the best chance of a stable, loving transition.
California recognizes two roles, and they don’t have to be the same person:
A guardian of the person is responsible for the child’s daily care, upbringing, and well-being.
A guardian of the estate manages any money or property the child inherits or receives.
Sometimes one person fills both roles; sometimes it makes sense to separate them, naming a loving caregiver and a financially savvy person to manage assets. Even better, a properly structured living trust can manage your children’s inheritance without a court-supervised guardianship of the estate at all, letting you control exactly how and when they receive it.
| Guardian of the Person | Guardian of the Estate | |
|---|---|---|
| Responsible for | Daily care and upbringing | Money and property |
| Focus | Your child's well-being | Your child's inheritance |
| Ideal trait | Loving, shares your values | Financially responsible |
| Can a trust replace it? | No | Often yes, with a living trust |
Naming a guardian on paper is only part of the job. One of the most overlooked steps is actually talking with the person you want to name before you finalize anything.
Raising someone else’s children is an enormous responsibility, and it isn’t fair to assume they’ll say yes. A conversation in advance lets you confirm they’re willing, understand what you’d hope for, and share your values: how you’d want your children raised, educated, and supported.
I encourage parents to consider questions like these:
That last point is where guardianship and the rest of your estate plan come together. Naming a loving guardian without providing financially leaves an impossible burden. A well-built plan does both: it names the right caregiver and makes sure the money is there.
Picture a young couple with two small children and no estate plan. They assume that if anything happened, “the family would just figure it out.” Then the unthinkable occurs, and two sets of grandparents and an aunt all believe they know best, and none of them knows what the parents actually wanted.
The children, already grieving, are caught in a family disagreement a judge must resolve. It’s slow, public, and may not end where the parents wanted.
Now picture the same family with a guardianship nomination in place. The parents’ wishes are clear, the chosen guardian steps in, and the children move forward with as much stability as such a hard moment allows. The difference is a single step taken in advance.
Guardianship nomination is one essential piece of a parent’s complete plan, working alongside:
Together, these ensure both your children and their inheritance are protected and handled exactly as you intend.
For busy parents, finding time to visit a law office is a real barrier, which is part of why so many put this off. By choosing a virtual attorney, you get the same high-level legal expertise without the commute or the childcare scramble. Here’s what sets my practice apart:
Protect your children from the comfort of home. We meet by secure video or phone, on your schedule.
You'll know your investment upfront, no surprise hourly bills.
As a parent myself, I understand how weighty this decision is, and I guide you through it with care.
I ensure your guardianship nomination and supporting documents meet California's legal requirements so your wishes carry the weight they should.
My office serves La Crescenta, Montrose, Tujunga, Sunland, and surrounding communities in Los Angeles County, with fully virtual services available to families throughout California.
If both parents are unable to care for their children and no guardian was nominated, a California court decides who raises them, possibly not the person you would have chosen, and often after family conflict and delay.
Guardianship nominations are typically made through your estate plan, often in your will, as part of a complete plan. I help you document your choice so it carries proper weight with the court.
Yes. You can name a primary guardian and one or more alternates in case your first choice is unable or unwilling to serve when the time comes.
A guardian of the person handles your child’s daily care and upbringing; a guardian of the estate manages their money and property. They can be the same person or different people, and a living trust can often handle the finances without a court-supervised estate guardianship.
Usually yes. A living trust lets you control how and when your children receive their inheritance, rather than a lump sum at 18, and avoids a court-supervised guardianship of the estate.
Yes. Consultation and preparation are handled through a secure virtual process, and I guide you through California’s signing requirements so your documents are fully valid.
Naming a guardian is a gift of security, for your children and your own peace of mind. It ensures that whatever happens, the people you trust are the ones who step in. The hardest part is starting, and I’ve made that part simple.
or call 818-473-5325.
Flat-fee pricing • Fully virtual • Serving all of California
Jolene Blackbourn, Esq., California Bar No. 221789. This page is general legal information, not legal advice, and does not create an attorney-client relationship.
