In California, probate guardianship is a probate court proceeding in which a judge gives someone who is not the parent, either custody of a child, or the power to manage the child’s property, or both.
Typically, probate guardianship will come up in a circumstance were the probate guardianship of the person is set up because a child is living with an adult who is not a parent, and the adult needs the legal right to make decisions on behalf of the child.
For the most part, the guardian has the same responsibilities as a parent. That means the guardian has full legal and physical custody of the child. The guardian is responsible for the child’s care, including the child’s: food, clothing and shelter, safety and protection, physical and emotional growth, medical care, education and any special needs.
The guardian may also be responsible for the child’s behavior and any damage the child may cause. An experienced family law attorney can help you decide whether a guardianship is appropriate in your particular circumstance.
Please feel free to contact Wallin & Klarich to discuss your guardianship matter. You can reach us 24 hours a day, 7 days a week at (888) 749-7428 for more information.
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