Parenting Your Grandchildren? You Need a Solid Estate Plan

John Laughton • June 5, 2023

Compliments of Our Law Firm
By: The American Academy of Estate Planning Attorneys


Most grandparents act as caregivers for their grandchildren to one degree or another. For some, it may be watching the little ones while mom and dad enjoy a much-needed evening out, while for others caring for grandchildren may be a long-term arrangement.

According to data collected in the 2010 census, 4.9 million children under age eighteen live in grandparent-headed households. Most of these children live in multi-generational homes, including their grandparents plus at least one parent. However, in 20% of these grandparent-headed households, neither parent is present in the home and the grandparents are responsible for meeting the needs of the children.


If you are a grandparent who is caring for your young grandchildren, you're experiencing the blessings and responsibilities of parenthood all over again. One of the pressing responsibilities that accompany your role as caregiver is to make sure that you have a plan for your grandchildren in the event that something happens to you. And because you're older now than you were the first time around, planning becomes all the more important. What should your basic plan include?


  • A Will that names a guardian and a successor guardian to care for your grandchildren in the event of your death.
  • A Durable Financial Power of Attorney designating someone you trust to serve as agent to take over your financial affairs in case of your disability. Your Power of Attorney should include language specifically permitting your agent to conduct Medicaid planning on your behalf.
  • A Durable Power of Attorney for Healthcare designating a trusted agent to make medical decisions on your behalf, should you be too ill or injured to make those decisions yourself.
  • A Health Insurance Portability and Accountability Act (HIPAA) release form, authorizing the release of your medical records and information as well as your grandchildren's medical records and information to the appropriate agent.


Just as you likely did when your own children were young and especially if you have adopted your grandchildren – you may want to consider life insurance as a way to ensure that your grandchildren's financial needs are met in the event that you pass away before they are old enough to provide for themselves.


If you have substantial assets, your estate plan will likely need to go beyond the basics in order to provide fully for your grandchildren's futures. Our ever-changing federal estate and gift tax laws mean that a flexible estate plan is indispensable when it comes to ensuring that your grandchildren receive every penny of the inheritance you intend for them.


Taking your grandchildren into your home means you've accepted the task of providing them with the emotional support and parental guidance they might not otherwise receive. An effective estate plan is one step in ensuring that your grandchildren continue to enjoy as much stability as possible, come what may. A qualified estate planning attorney can help you develop a plan that is tailored to your needs and those of your grandchildren.

Farm landscape at sunset, fields in foreground, barn and silo, large tree on the left, dramatic cloudy sky.
April 23, 2026
Learn how a family-owned businesses and farms attorney in Monterey, California can help with succession planning, estate tax efficiency, and protecting your legacy.
A young man reviews documents with an elderly couple at a table. They all look concerned.
March 26, 2026
Learn how an elder law and Medi-Cal attorney in Monterey, California can help protect loved ones from long-term care costs and plan for Medi-Cal eligibility.
Hands holding a wooden house model over a contract; two people discuss and sign documents at a desk.
February 26, 2026
Learn how an asset protection attorney can help safeguard your wealth in California through legal strategies that protect assets from creditors and lawsuits.
Grandparents with two grandchildren look at a book, smiling on a sunny day.
January 29, 2026
Learn why incapacity planning is essential in Monterey. Discover how advance directives, powers of attorney, and disability trustees protect your health and financial future.
Real estate agent showing house plan to elderly couple at a table, smiling, sunlight.
January 1, 2026
Learn how the SECURE Act affects Monterey families, from RMD age changes to IRA contributions and new rules for inherited IRAs. Update your estate plan today.
Two people shaking hands in front of
December 4, 2025
Learn what a living trust is and how it helps Monterey families avoid probate, protect assets, and ensure a smooth, private transfer of wealth with future security.
October 9, 2025
Financial Planning in California: Strategies to Secure Your Future
September 11, 2025
Family-Owned Businesses & Farms in California: Estate Planning Strategies to Protect Your Legacy
Two men embrace, holding a rainbow flag aloft against a clear sky and mountainous backdrop.
August 14, 2025
LGBTQ Estate Planning in California: Protecting Your Rights and Legacy
Two elderly women are holding hands while sitting on a bed.
July 17, 2025
Planning Ahead with Elder Law & Medi-Cal in Monterey, California