How Do I Name a Guardian for My Minor Children in California?

See how a parent names a guardian for their minor children in California, what weight the court gives your choice, and your options for temporary care.

Frequently Asked Questions

In California, a parent names a guardian for a minor child in a will or a separate signed writing (Cal. Prob. Code §§ 1500, 1501, 1502, 1514). It needs your signature. You can record it alongside the rest of your estate plan when you create a revocable living trust.

When a parent has named a guardian, the parent's nominee has appointment priority, but the court can still decline them on a best-interest finding (Cal. Prob. Code §§ 1500, 1501, 1502, 1514).

Yes. California recognizes a separate signed declaration naming a guardian, so you do not need a full will. A will remains the standard place to do it.

Yes. California allows a Caregiver's Authorization Affidavit (Cal. Fam. Code §§ 6550, 6552): any adult can be authorized for a limited time (no fixed statutory time limit) without transferring custody.

In California, the court weighs the preference of a child old enough to form one (Cal. Prob. Code § 1514(e)(2) (estate); Cal. Fam. Code § 3042 via Prob. Code § 1514(b)(1) (person)).

California uses a best-interest and suitability standard rather than a fixed list — the court can decline anyone it finds unsuitable to serve. (Cal. Prob. Code § 1514(b)–(e); see also § 2650 (removal grounds))

California Estate Planning Resources

In-depth guides covering California probate laws, trust requirements, and estate planning strategies.