Angelique Friend Probate Services can handle all types of complaints.
Angelique Friend Probate Services can handle all types of complaints regarding your situation. If you or a loved one is dealing with complaints from families, then continue reading, especially when it entails the variables of a guardian and a custodian.
If you’re making plans for your children’s care in the event that you pass away or are otherwise unable to care for them, it’s important to ensure that they will be taken care of physically, financially, and emotionally. Sometimes all of these needs might be provided by the same person, but it may be best for there to be multiple people contributing to the child’s well-being.
Two important decisions to make for your children are who their guardian and who their custodian will be should anything happen to you. While these can be the same person, they may not be, and sometimes it can be a good idea to split the responsibilities between multiple friends or relatives to create a web of support for the children.
Different people also have different strengths, and it’s important to consider who would be the best fit for each of these roles.
So, what’s the difference between them?
Guardian
When you think of where your child will go if anything were to happen to you—where and who they would live with—you’re thinking of a guardian. Often this is the other parent of the child, but this is not always the case.
The guardian is responsible for the child’s day-to-day care, including his/her physical, emotional, and financial needs. A guardian is not always the one with custody, but they ultimately oversee the care of the child to ensure they are getting proper care.
This typically includes ensuring the child’s basic needs are met, like having a place to live and sleep, adequate nutrition, medical treatment as needed, and education for example. But a guardian typically also has control of parenting decisions, such as what schools, summer camps, or churches they might attend, what hobbies and sports they can learn, and how they are taught to function in the world.
While it’s not required, oftentimes guardians end up adopting the children. So, when you choose a guardian, you are essentially choosing what equates to a new parent for your children.
Custodian
Minor children cannot inherit money or property until they are of age, so if you list them as beneficiaries or if you pass away with no plans for your assets, a custodian would be appointed by the court to manage the assets. When the children reach 18, they would inherit all of the assets outright. Once this happens, custodianship is dissolved.
The custodian is responsible for managing property left to the child and using assets properly to support the children. This includes the financial cost of basic needs, but it also might include finances for other things for enrichment such as summer camps, private schools, or music lessons.
The law simply requires that the inheritance be used with the child’s best interests in mind, however, you do have the ability to dictate in your will what the money can and can’t be used for.
What these roles have in common is that they will be appointed for you if you don’t name them specifically in your will, but there is certainly a difference in the function of each role to consider.
For example, you might know of a relative who would be an excellent parent to your child day-to-day but maybe isn’t very savvy at managing finances. Or perhaps a friend who is an excellent, responsible money manager but already has several kids of their own and may not be able to be emotionally present for your child.
Before naming a guardian or custodian for your child, it’s a good idea to speak with a professional who can help you weigh your options and make the best plan for your family.
Angelique Friend and her team at Probate Services Inc. provide services to help you with financial and life planning such as Trust and Estate Administration or setting up a Trust Protector, Professional Conservator, Guardianship, or Custodian. Angelique Friend and her staff ensure all precautions are taken to protect your income, property, and assets. We make it a priority to create customized solutions and provide services that fit the unique needs of each client in the most cost-effective and efficient manner. If you’re interested in service with compassion, trust, and confidence, get in touch with us today at (805) 604-1998 or visit our website to learn more.
Guardian and Custodian laws differ state to state. Not all laws discussed above apply in California.
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