Guardianship Overview

Guardianship is a legal proceeding that allows a person who is not a child’s legal parents to make decisions or take legal actions for the child.   Usually, a guardian is appointed because the child’s legal parents cannot take care of the child.

Though guardianship is usually handled by the probate court (which handles the transfer of a person’s property at the person’s death), if a person is a dependent of the state of California, the California Juvenile Court handles the child’s guardianship proceedings.  The juvenile court handles matters where the parents cannot or will not take care of a child.  (Welfare & Institutions Code 300.)  The child is designated a “dependent” or “ward” of the state of California.

There are two types of guardianship: guardianship of the person and guardianship of the estate.  A guardian of the person is responsible for making legal decisions for the child, including where to live, where to go to school, and medical and dental needs.  A guardian of the estate is responsible for managing the child’s property, i.e., if the child inherited businesses, real estate, or a large sum of money.  The same person can be designated both guardian of the person and estate.  In both guardianships, the child who the guardian will care for is called a ward.

If you or someone you know wants to become a guardian, you will need an experienced Southern California family law lawyer to assist you in the process.  At Wallin & Klarich, we have helped people with guardianships for over 30 years.  Call us today at (888) 749-7428. We will be there when you call.

Guardianship When Will the Court Appoint a Guardian?

The court may appoint a guardian under the following circumstance or combination of circumstances:

-    the child’s parents are terminally ill
-    the parents suffer from significant mental illness or physical disability
-    the parents are dead or missing
-    parental custody of the child would not be in the child’s best interest, i.e., because of a past history of neglect or abuse, or because the parents are addicted to alcohol or drugs
-    the parents are incarcerated
-    the parents are in the military
-    some other reason exist that show the parents cannot care for the child.

The fundamental issue is the best interest of the child, and the court will always base its decisions with this principle in mind.

If you or someone you know wants to become a guardian, you will need an experienced Southern California family law lawyer to assist you in the process.  At Wallin & Klarich, we have helped people with guardianships for over 30 years.  Call us today at (888) 749-7428. We will be there when you call.

Guardianship Who Can Be Designated a Guardian?

A court may designate a relative or other person to be a guardian.  (Probate Code 1510.)  The parent or parents may also suggest a guardian to the court, but the court makes the final decision. (Probate Code 1500.)

In making its decision, the court primarily considers the best interests of the child.  (Probate Code 1610.)  Thus, it is useful if the child already has a good relationship with the potential guardian.  Also, a guardian must be able to care for the child and provide a stable environment.  The court examines whether a potential guardian has a stable place to live, sufficient income to care for the child, and other circumstances which indicate that the potential guardian is “fit” to care for the child.  If the child is over 12 years old, the court will also listen to what the child has to say about a potential guardian.

If you or someone you know wants to become a guardian, you will need an experienced Southern California family law lawyer to assist you in the process.  At Wallin & Klarich, we have helped people with guardianships for over 30 years.  Call us today at (888) 749-7428. We will be there when you call.

Guardianship What Are a Guardians Duties and Responsibilities?

A guardian has the legal responsibilities of a parent.  (See Family Code 7505(a).)  Though the child may have money through inheritance or child support, if the child does not have money to adequately pay for necessities it is the guardian’s responsibility to pay for those things.

Even if the court designates a guardian, the parents may not be completely out of the picture.  The court can allow parents to have visitation, but the guardian or the court determines visitation terms, not the parents.  The guardian decides where the child will be educated and is primarily responsible for the child’s health needs.  The guardian also decides where the child lives, but if the guardian wishes to move, he or she must inform the court.  If the guardian wishes to live outside California, he or she must obtain permission from the court.

The guardian must submit a yearly report to the court regarding the guardianship and must also allow any court investigators permission to enter the guardian’s home and examine the living environment.  (Probate Code 1513.2(a).)

The guardian, like parents, may also be responsible for any legal damages that the child causes.  Thus, if the child gets into a car accident and the child is uninsured and has no money, the guardian is responsible for the damages.

The court can also require that the guardian take on other duties and responsibilities as a condition of guardianship.

If you or someone you know wants to become a guardian, you will need an experienced Southern California family law lawyer to assist you in the process.  At Wallin & Klarich, we have helped people with guardianships for over 30 years.  Call us today at (888) 749-7428. We will be there when you call.

Guardianship When Will a Guardianship Terminate?

A guardianship may terminate several ways: when the child turns 18, becomes emancipated by court order, gets married, joins the military, dies before turning 18, or is adopted.  (See Probate Code 1515; Probate Code 1600.)  The court may also order a termination on its own motion, i.e., if the court determines the legal parents are now able to take care of the child.  (Probate Code 1601.)

If the termination is not because of death or because the child becomes a legal adult, the court will consider whether terminating the guardianship is in the child’s best interest.  (Probate Code 1601.)  If the court grants the current’s guardian’s request to resign but determines that the child still needs a guardian, the court will appoint another guardian.

The guardian, the child’s parents, or the child (if he or she is over 12 years old) may request that the court terminate the guardianship.  (See Probate Code 1601.)  In these cases, the court will hold a termination hearing to determine whether to terminate and, if so, whether to appoint a new guardian.

If you or someone you know wants to become a guardian, you will need an experienced Southern California family law lawyer to assist you in the process.  At Wallin & Klarich, we have helped people with guardianships for over 30 years.  Call us today at (888) 749-7428. We will be there when you call.

Guardianship FAQ

1.  Why do I need a Southern California family law lawyer to set up a guardianship?

A lawyer will greatly benefit you if you seek to become a guardian.  Requesting guardianship requires many forms, and notice must be given to relevant parties.  (Probate Code 1511.)  Lay people often make mistakes filling out these forms and giving notice, which will delay proceedings.  You will definitely need a lawyer if the child has significant property, has special needs, or if proceedings are contested, i.e., the legal parents object to the guardianship.  You will also need a lawyer if there are associated proceedings with the guardianship, such as adoption, juvenile court, etc.  If you are requesting a guardianship, you must care deeply for the potential ward, and an attorney will greatly assist you in achieving your goal.

2.  How is guardianship different from adoption?

Adoption completely and permanently severs the legal relationship between the biological parents and the child, and acknowledges legal parental rights in the adopted parents.  (See Family Code 7601, 7610(c), 8616, 8617.)  In guardianship, the court may order reasonable visitation between the parents and the child.  A guardianship may be terminated and legal rights restored to the parents.  However, even if a guardianship is terminated, the court may order visitation between the former guardian and the former ward, if it is in the child’s best interest.  (Probate Code 1602(b).)

3.  What if the parents agree that I can become guardian.  Does that make me a guardian?

No, a court must designate you a guardian.  Parents can agree to give you custody of the child, but they can cancel this agreement at any time, without notice, and take the child away even if doing so would harm the child.

4.  When is a child considered a legal adult?

A child is considered a legal adult if he or she turns 18, joins the military, gets married, or is declared emancipated by court order.  (Family Code 7602.)  Note that, for a child to join the military, he or she must but be at least 17 years old, secure the guardian’s permission, and must be accepted.    If he or she is not yet 18 and wants to get married, the child must secure both the court’s permission and the guardian’s permission.

If you or someone you know wants to become a guardian, you will need an experienced Southern California family law lawyer to assist you in the process.  At Wallin & Klarich, we have helped people with guardianships for over 30 years.  Call us today at (888) 749-7428. We will be there when you call.