136: Guardianship Explained: Essential Insights for Effective Estate Planning

Absolute Trust Talk

Have you ever considered what would happen to your children if you passed away? It can be daunting and hard to think about; no one wants to plan for the possibility where they aren’t around to see their kids grow up. We often talk to clients who follow that old superstition that if they don’t think about it, then it won’t happen to them, so why plan, right? In our opinion, that isn’t the best course of action. While it's rare for a child to lose both parents and be taken in by a guardian, it does happen, and it's crucial to be prepared. Fortunately, guardianship is an element you can include in your estate plan and a planning element you should take action on.

In this episode of Absolute Trust Talk, we're joined by Lara Heisler, a seasoned Bay Area attorney with over 25 years of experience specializing in conservatorships and guardianships. Together, we'll cover everything from the legal responsibilities of a guardian and the process of becoming one to how to have essential conversations with your family and avoid the risk of foster care. If there's one key takeaway from this episode, it's this: The more uncomfortable family conversations you have when life is comfortable, the better prepared you'll be when life gets challenging. Let's get started!

Time-stamped Show Notes:

0:00 Introduction

0:55 Please join us in welcoming Lara Heisler to the show!

3:02 Guardianship – It’s a term we’ve all heard, but not everyone knows what it truly means. Here’s what you need to know.

4:55 How can someone obtain guardianship of a child?

8:43 In this segment, we examine an extreme guardianship case and then discuss some of the more common guardianship scenarios.

11:43 When nominating family members for guardianship, it's essential to explain your reasons for doing so, so they aren’t left guessing.

17:03 It may also be important to name people you don’t want as your child’s guardian.

19:04 When it comes to guardianship, who steps into the role first matters, especially under extreme circumstances like the court case discussed.

21:16 “What happens if…” It's a conversation none of us want to have with our family and kids, but here’s why you should.

26:18 While parents of children under guardianship still have many rights, enforcing those rights can be challenging.

28:40 Have you ever wondered about the visitation rights of grandparents and other family members of a child under guardianship? Lara will answer all your questions here.

30:36 Next, we’ll discuss the procedures for ensuring the child’s wishes are considered in a guardianship case.

33:48 In this segment, we explore what happens if a child has no relatives in the US and what you can do to prepare for this situation.

37:41 While conservatorship does not provide long-term oversight, the courts have a rigorous process to ensure the guardian is someone the child will be safe with.

40:08 If there’s one piece of advice you should take away, it’s this: The more uncomfortable family conversations you have when life is comfortable, the better off you are when life gets very uncomfortable.