Guardianships in California give custody of a child or authority of a child’s assets to a person other than a parent. You must go through a court process to obtain guardianship, which requires the adult to file a petition for the guardianship and then get approval from the court. This is not the same as a conservatorship, though a guardianship lawyer and a conservatorship lawyer are often one and the same. In either case, hiring a Southern California Chino Hills guardianship lawyer is recommended.
The Edgar & Dow offer legal services for obtaining both guardianships and conservatorships. Our attorneys strive to understand your case and identify the issues in an effort to formulate an effective and beneficial plan that will facilitate the ideal potential outcome. Our approach is to strategize and implement legal solutions for our clients in a timely and results-oriented manner.
Many times, in estate planning, parents will name a guardian for their children in the event of their passing before the children turn the legal age of adults. It is important to note that if someone is named as guardian of the person in Chino Hills, CA, they are expected to care for the actual needs of the child. However, a guardian of the estate is responsible for the child’s finances.
A guardian is a person who acts as a child’s parent and makes decisions on behalf of the child, acting in the child’s interest. This includes making decisions about the child’s education, medical needs, and mental health needs. On the other hand, a guardian of the estate strictly manages a child’s financial assets, including money and property. Furthermore, this must also be done in the sole interest of the child and not the interest of the guardian.
A guardian of the estate is often named in a child’s biological parent’s last will and testament. When the testator of the will passes, the will goes through probate, and then, the guardian of the estate takes over financial responsibilities for the child until they are of age to manage the assets themselves.
A conservatorship is different from a guardianship in that a conservatorship is for an adult who needs help managing their financial, physical, or mental affairs. In this legally binding arrangement, the conservator is appointed by the court to make decisions for the conservatee. Responsibilities of a conservatorship include the following:
A conservator has a legal obligation to consider and act in the interest of the conservatee. The court will hold them responsible for their role as conservator, and to ensure accountability and transparency, they may be required to periodically submit records to the court of their actions, decisions, and financial transactions made on behalf of the conservatee.
It is possible for a conservatee to appeal a conservatorship ordered on them, as in the case described here, in which a conservatorship was overturned in an appellate court in California.
A: The powers of a conservator of the estate include taking care of the conservatee’s financial affairs, such as collecting the individual’s income and paying their bills. They may also have authority over the conservatee’s social, romantic, and sexual relationships, as well as have the ability to make educational and medical decisions on their behalf, according to the court’s requirement of duties.
A: The two types of guardianship in California family court are guardianship of a minor, which entails physically caring for the child and making decisions on the child’s behalf, and guardianship of the estate, which entails having power over the minor’s assets and property, as well as decision-making power regarding the child’s financial interests.
A: It depends on how the guardianship came about. If a guardian is named in a will, the will may also delineate funds for the guardian. However, if a minor inherits more than $20,000, the court may name a guardian, but there is no attached money the guardian will receive for fulfilling this obligation. When the state awards guardianship as part of the foster care program, the guardian may be eligible to obtain financial assistance through the Kinship Guardianship Assistance Payment (Kin-GAP) program.
A: If an individual wishes to become the guardian of a minor in California, there is a specific process they must go through to request guardianship. This process begins with filing a petition with family court. The requesting party is advised to consult with a California family lawyer before proceeding to ensure this process is executed properly and a guardianship request is granted in a timely manner.
It is important for anyone considering taking legal guardianship of a child or minor to consult with a family lawyer. Guardianship matters are complicated, and it is important to fully understand what it means to become a guardian according to California law. This goes for both guardians of the estate and of the person.
If you are interested in initiating the process or just want to learn more regarding your legal options, contact the Edgar & Dow today to learn more about your case.
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