Guardianship: Definition and How It Works in California

By Eric Ridley, attorney, Ridley Law. Updated September 2026.

A guardianship is a court appointment of an adult to care for a minor child, the child’s property, or both, when neither parent can. Parents can nominate a guardian in a will, and the court gives that nomination strong weight.

How it works in California

A parent can nominate a guardian for their child under Prob. Code, § 1500, usually in a will. Under Prob. Code, § 1514, the court must appoint that nominee unless it finds the nominee unsuitable, which gives a parent’s written choice real weight even though the court still has the final say. For the practical side of naming someone, see naming a guardian for your children in California.

A guardianship of the person covers day-to-day care and where the child lives. A guardianship of the estate covers the child’s own property, such as an inheritance that wasn’t left in trust. A guardian doesn’t automatically manage both; the court can appoint different people for each, or one person for both if that makes sense.

Guardianship ends when the child turns 18, when a parent becomes able to resume custody, or when the court otherwise finds it’s no longer needed. Nominating a guardian in a will only becomes relevant if both parents are gone or unable to care for the child; it has no effect while a parent remains available.

Why it matters

For example, a couple with two young children names each other’s parents as guardians in their wills, one set as first choice and the other as backup. If something happens to both parents, the court already knows who the family wanted, and the nomination carries real weight instead of leaving the decision to whichever relative shows up first. For a fuller kit on this decision, see the new parent guardianship kit for California families.

Common mistakes

Leaving no nomination at all, which forces the court to decide among competing relatives with no guidance from the parents. Naming a guardian without naming a backup. Assuming the guardian named for the children will also automatically manage any money the children inherit, when that may call for a separate arrangement, such as a trust.

Related terms

• Conservatorship: the equivalent court appointment for an adult who can no longer manage their own affairs.
• Guardian ad litem: a narrower, case-specific role representing a child’s interest in one proceeding, not an ongoing guardianship.
• Will: the document where a parent typically nominates a guardian.

Part of the California estate planning glossary. For the full treatment, see Naming a Guardian for Your Children in California.