Back-to-School Checklist: Name a Guardian for Your Kids

One back-to-school checklist item is easy to overlook because it is not a supply or a form from the front office. It is naming who would raise your children, and who would manage their money, if you could not. In California you can nominate a guardian in a will, and a court's own guide explains why a plan for your child's money matters too.

Picture a couple in Fontana filling out school forms at the kitchen table. They list a grandmother as the emergency contact. That card tells the school who to call. It does not tell a court who should raise their kids.

Why This Belongs on the Back-to-School List

The California Courts self-help guide explains that "a guardianship is when an adult, who is not a child's parent, is legally responsible for the child's care because the child's parent is unable to care for them." A judge decides who that adult is. Your written wishes give the judge something to go on.

There are two kinds. A guardian of the person makes decisions about the child's daily life and care. A guardian of the estate manages the child's finances. The court guide says a guardianship of the estate is needed "if a child has a lot of money, income, or property," such as when a child "inherited a lot of money from a parent who passed away."

Parents in Ontario, Riverside and Rancho Cucamonga already handle a stack of school paperwork each fall. These few documents fit right in.

Item 1: Update Emergency Contacts With Care

Start with the easy part. Make sure your child's school has current phone numbers for both parents and at least two backup adults who can pick up your child. Tell those adults they are on the list.

Then ask a harder question: is your emergency contact the person you would want raising your child? If not, keep reading.

Item 2: Nominate a Guardian in Your Will

California publishes a fill-in statutory will form. It includes this nomination: "If I have a child under age 18 and the child does not have a living parent at my death, I nominate the individual named below as First Choice as guardian of the person of that child (to raise the child)."

The form also asks for backup choices, which is wise. Your first choice may move away, get sick or say no. Talk with each person before you write their name down.

Signing matters. The form states that "Two (2) adults must sign as witnesses," and warns in capital letters: "NOTARIZATION ALONE IS NOT SUFFICIENT." The form also says, "The witnesses should not receive assets under this Will," so choose witnesses who will not inherit anything under it. For blended families or complicated situations, an estate planning attorney can help.

Item 3: Decide Who Would Manage the Money

Raising a child and managing a child's money can be two different jobs, and some families choose a different person for each.

The statutory will form lets you nominate a custodian to hold property for a young beneficiary until an age you choose between 18 and 25. Without a plan, a court may have to appoint a guardian of the estate. The Judicial Council's guide to guardianship of the estate notes that some institutions will not release funds for a child until a guardian of the estate is appointed.

That court process comes with duties. The same guide says a guardian of the estate may have to post a bond ordered by the court, file an inventory and appraisal "within 90 days of appointment," and file accountings. It also says the guardianship ends when the child turns 18, which is young to take control of a large sum.

Item 4: Review Every Beneficiary Form

If you have named beneficiaries on a retirement plan at work, an IRA or a bank account, pull up each form and check the names. Those forms are easy to forget once they are signed.

Look for old names, such as a former spouse, and for minor children named directly. Because a child who inherits a lot of money may need a guardian of the estate, ask each account provider or a lawyer what other options you have.

Item 5: Know What Social Security May Provide

If a parent who worked and paid Social Security taxes dies, the children may qualify for survivors benefits. The Social Security Administration says children may be eligible if they are unmarried and are age 17 or younger, or ages 18 to 19 and in school full time through grade 12. A surviving spouse, or in some cases a former spouse, who is caring for the child may also qualify.

Treat survivors benefits as one piece of the plan, not the whole plan.

Item 6: Know the Caregiver's Authorization Affidavit

For short-term situations, California has a simpler tool. According to the California Courts, a Caregiver's Authorization Affidavit lets a caregiver "enroll the child in school and consent to medical care related to school." It "does not get filed with the court," it "does not have to be notarized," and caregivers must "sign a new Caregiver's Affidavit each year."

Local districts explain it too. Temecula Valley Unified notes that "only the caregiver is required to sign the form, not the minor's parents." It is not a replacement for a will, but it can help a relative keep a child in school during a crisis.

Frequently Asked Questions

Can I name a guardian for my kids without a lawyer in California?

Yes. California's statutory will form lets you nominate a guardian of the person for a child under 18 if the child does not have a living parent at your death. At least two adults must sign as witnesses, and notarization alone is not enough.

What is the difference between a guardian of the person and of the estate?

According to the California Courts, a guardian of the person has responsibility for the child's care and legal decisions. A guardian of the estate manages the child's finances and is needed if a child has a lot of money, income or property, such as an inheritance.

Is a school emergency card the same as naming a guardian?

No. An emergency card tells the school who to call. Guardianship is a court process that makes an adult legally responsible for a child when a parent cannot care for them. A nomination in your will gives the court your written choice.

When does a guardianship of the estate end?

The Judicial Council's guide says a guardianship of the estate ends when the child reaches age 18, or if the child dies before then. Until then, the guardian manages the money with court oversight, including an inventory and regular accountings.

Protecting Your Kids Beyond the Paperwork

A guardian nomination answers who would raise your children, and a life insurance plan can help answer how the bills get paid. Our posts on why life insurance matters for parents and where to start with life insurance cover the basics. When you name beneficiaries, keep the court guide in mind: insurance companies are among the institutions that may require a guardian of the estate before paying funds for a minor. At Farmers Insurance - Young Douglas, our agents can review your life coverage and beneficiary setup with you. Coverage depends on your policy. Get a free quote and coverage review with our team.

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Written by LaMonte Douglas, owner of Young Douglas Insurance, a Farmers Insurance agency serving California from Ontario. CA License #4091974.

Sources: California Courts, Guardianships, accessed September 23, 2026; California Statutory Will Form, February 2026; Judicial Council, GC-206-INFO, rev. January 1, 2023; California Courts, Options Other Than a Guardianship, accessed September 23, 2026; Temecula Valley Unified, accessed September 23, 2026; Social Security Administration, accessed September 23, 2026.

Last updated: September 23, 2026.