Skill and Maturity in Sensitive Legal Matters
When the parents of a child are unable to take care of the child's needs and affairs, someone else needs to do so. Very often a relative such as a grandparent, aunt or uncle, or a foster parent or family friend will be able to assume responsibility for the child and look after him or her until he or she turns 18 or for a certain period of time.
Guardianship is the legal proceeding for oversight of a minor under age 18 by another person, who serves as the minor's guardian. (Conservatorship is the legal proceeding that allows someone to make decisions for a person over age 18. See our page on conservatorship.) In California, guardianship proceedings take place in probate court. Contact our firm for legal advice regarding guardianship of a minor.
Generally there are two important components to guardianship, which can encompass care of the minor and care of the minor's estate. This former involves the responsibility for the child's day-to-day needs and decisions about the child's care, education and so forth; the latter involves the guardian being appointed by a court to protect the minor's estate or financial interests.
Guardianship Can Be Complex. We Can Help.
Our attorneys can prepare all the necessary paperwork and navigate the court proceedings involved in a guardianship case. Since a guardianship can be contested or uncontested, we can help you develop an appropriate course of action for the best interests of the child. When parent interventions and interactions with Child Protective Services are involved, we can advise you on these issues as well.
In some cases, there are alternatives to filing for guardianship. We can help you evaluate whether a court filing is necessary, or if it is possible to receive authorization from a parent for you to care for the minor for a certain period of time.