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.