Joint Guardian Designation Clause
(Estate of Minor) (CA)

Summary

This template is a will provision clause that divides responsibilities between joint guardians of the estate of a minor. Joint guardians of the estate may be desirable if different kinds of assets require specific expertise from different managers, or if separate managers already have been handling particular investments. This template is for use in California. This template contains practical guidance, drafting notes, and alternate and optional clauses. The template is also useful if the properties are located at or require supervision from remote locations. In other instances, as illustrated in this template, division of responsibility along lines of real property management and personal property administration may be practical. When this provision is used, the testator should specify which guardian will handle the ordinary financial needs of the ward. As a general rule, guardians must concur, or a majority must confer if there are more than two guardians. No statutory authority specifically permits a division of the guardianship function precisely in the manner provided in this template. However, Cal. Probate Code Section 2108(b) does provide that a guardian of the estate who is nominated by a parent may be granted the right to exercise any or all of the statutory powers specified in Cal. Probate Code Section 2591 unless the court for good cause determines otherwise. Since the testator may limit a guardian's ability to exercise some or all statutory powers without court authorization, it seems to follow that the right to apportion or allocate authority among joint guardians should also exist. For a full listing of key clauses for use when drafting last wills and testaments, see Will Clauses Resource Kit. For further information about estate planning strategies, see Estate Planning Strategies and Devices (CA).