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.