If you’re a parent in California who worries about what would happen to your children if you were suddenly unable to care for them—due to military deployment, serious illness, or an immigration issue—a new law offers important protections you should understand.
What is California Assembly Bill 495?
Effective January 1, 2026, California Assembly Bill 495 expands your options for protecting your children through joint parent-nonparent guardianships. This law amends Probate Code sections 1502 and 2105 to allow custodial parents to share legal guardianship with a trusted person they nominate when they become “temporarily unavailable.”
How Does This Help Parents with Minor Children?
Before this law, joint guardianships were only available to terminally ill parents. Now, if you face temporary unavailability due to circumstances like military service, incarceration, serious medical conditions, or immigration-related issues, you can designate a guardian while retaining your parental rights and authority.
This matters because nearly half of all children in California have at least one immigrant parent. When a parent is detained, deported, or otherwise unavailable, children can lose access to school enrollment, medical care, and stable housing simply because their emergency caregiver lacks legal authority.
What Problems Does AB 495 Solve?
Under the previous system, families facing temporary crises often had to make impossible choices:
- Placing children into foster care to ensure they receive proper care
- Giving up parental rights entirely through complicated permanent guardianship processes
- Leaving children with caregivers who lack legal authority to make critical decisions
The new law eliminates these painful dilemmas by creating a middle ground that keeps families together while providing legal protections.
How Can I Set Up a Joint Guardianship Under AB 495?
Here’s what you need to know about the process:
1. Who Qualifies?
You must be a custodial parent—meaning you have sole legal and physical custody, or you’re the parent with whom the child primarily resides if no custody order exists.
2. What Forms Do I Need?
- Execute a Nomination of Guardian (Judicial Council Form GC-211)
- File a Petition for Appointment of Guardian of Minor (Judicial Council Form GC-210)
3. What About the Other Parent?
If there’s a non-custodial parent, their consent should be obtained. A court cannot approve the joint guardianship over their objection unless it finds that custody with that parent would harm the child.
What Are the Key Benefits of This Law?
Enhanced Confidentiality
All court records, petitions, orders, and documents related to these guardianships are confidential and cannot be disclosed to law enforcement or immigration agencies without a specific court order. This protection is critical for families navigating immigration concerns.
Shared Decision-Making Authority
Both you and your nominated guardian must agree before exercising any legal power over your child. This ensures you retain authority over major decisions even when temporarily unavailable, and can prevent actions you don’t approve of.
Easy Termination Process
When your period of unavailability ends, you can petition to terminate the guardianship, and it’s legally presumed that termination is in your child’s best interest. This streamlined process makes it simple to resume full custody.
Real-World Example: Military Deployment
Consider a single parent facing combat deployment. Under the old law, they could nominate a guardian, but once appointed, that guardian had full authority—the deployed parent couldn’t prevent decisions they disagreed with without a court order.
Under AB 495, the deployed parent remains a joint guardian. They retain authority over key decisions about their child’s education, healthcare, and upbringing. When they return from deployment, they can quickly terminate the guardianship and resume normal parenting.
What Are the Concerns About This Law?
Some organizations, including the California Family Council, have raised concerns that the law could grant authority to unvetted adults and potentially open doors to abuse. These concerns underscore the importance of carefully selecting your nominated guardian and working with experienced legal counsel to ensure proper safeguards.
Questions That Remain Unanswered
One significant question is whether courts will allow joint appointments when the condition creating unavailability is imminent but hasn’t yet occurred. As courts interpret this new law, clarity on this and other practical questions will emerge.
How Estate Planning Attorneys Can Help
AB 495 creates valuable new planning tools for parents who want to protect their children before a crisis occurs. An experienced estate planning attorney can help you:
- Determine if joint guardianship is right for your family situation
- Select an appropriate guardian and prepare backup options
- Complete the necessary legal forms correctly
- Understand how this fits into your broader estate plan, including wills and trusts
- Ensure your guardianship provisions align with your custody arrangements
California Probate and Trust has helped thousands of clients from offices in Fair Oaks, Sacramento, and San Francisco protect what matters most—their families. Our certified estate planning specialists understand the complexities of guardianship law and can guide you through every step of the process.
Take Action to Protect Your Children Today
Don’t wait for a crisis to think about who would care for your children if you became temporarily unable to do so. Whether you’re concerned about military deployment, health issues, or other circumstances that could affect your availability, proactive planning gives you control and peace of mind.
Schedule your free estate planning consultation with California Probate and Trust today. Call (866)-674-1130 or visit cpt.law to discuss how AB 495 and other estate planning tools can protect your family’s future. Our compassionate attorneys provide clear, transparent guidance tailored to your unique family dynamics and financial situation.
Your story matters. Your family matters. Let us help you shield those you cherish.