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When To Establish A Guardian For Your Child And His Or Her Estate?

As part of Berge & Berge‘s estate planning services, our attorneys can assist in establishing a guardianship for a child. We can help determine the best course of action for the child’s care and his or her estate in the event of untimely passing or a parent’s incapacity.

The court may establish a guardian to care for a child and/or his or her property, thereby enabling an adult to legally make decisions on the child’s behalf. In the event of one parent’s passing, the court often appoints the surviving parent to be responsible for the child until he or she becomes a legal adult. In some cases, a relative, family friend or another person invested in a child’s life may become his or her legal guardian, or that of his or her estate.

Guardian Responsibilities

Whether established for the child or his or her property, a guardian may:

  • Manage a child’s money
  • Maintain a safe living environment
  • Provide physical and emotional care
  • Feed, clothe and educate the child

In becoming a legal guardian of a child, you accept the same physical and legal responsibilities a parent would have in caring for a child. You will become liable for mismanagement of his or her assets, or inheritance, in addition to any harm caused to the child, similar to becoming the conservator of an adult’s estate.

Put Our Compassion And Experience To Work For You

Founder and managing partner Jim Berge (pronounced burr-ghee) is a California Certified Public Accountant (CPA) with a master’s degree in tax law and over 25 years of experience as an estate planning specialist. Whether you need to establish a trust for a child with special needs or determine a guardian for a minor child, our attorneys know how to use the law to provide compassionate guidance in determining the best interests of the children.

Berge & Berge serves residents of San Jose and the surrounding south San Francisco Bay Area. Email the firm or call (408)985-9918 to arrange an initial consultation. Our office is easy to get to and has free outdoor parking right next to our building.