In California, a probate guardianship is a proceeding in which a person is nominated and then appointed a guardian of a minor child.  Generally, a guardianship of the person is established by relatives or another willing adult to provide for the health, safety and welfare of a child whose parents are unable or unwilling to provide for their child.

A person may be appointed the guardian of a minor child through a guardianship of the person.  A temporary guardianship of the person may be necessary if the situation is urgent, including where a minor needs immediate medical attention, protection from child endangerment or neglect, or where the minor’s parents are facing imprisonment.  Under a temporary guardianship of the person, the temporary guardian is responsible for the care, maintenance, and support of the minor until a hearing on whether the guardianship should be granted permanently.

If a guardianship of the person is granted, it is deemed permanent.  This is due to the fact that the guardianship will remain in place until further order of the court, or termination by law.  If neither the guardian, the minor, the minor’s parent, or any other interested third party attempts to terminate the guardianship, then the guardianship will terminate automatically as a matter of law when the minor reaches the age of majority pursuant to California Probate Code § 1600(a).  However, most courts will require an annual review of the case to ensure that the child is being adequately cared for by the legal guardian.

Requesting a guardianship of the person can be very burdensome and overwhelming.  Let an experienced attorney review your case and assist you in achieving the appropriate orders.  The law firm of Wallin and Klarich is prepared to answer your legal questions and is immediately available to assist you with your case. Contact us today at 888-749-7428.