San Bernardino Guardianship Lawyer

SAN BERNARDINO GUARDIANSHIP ATTORNEY

When a child’s parent is no longer able to provide for their physical, emotional, and financial needs, the courts may deem it in the best interest of the child to appoint a legal guardian. Guardians are able to exercise care and decision-making authority over a child, but guardianship is both temporary and limited.

For this reason, guardianship in San Bernardino, CA is a unique and sometimes complex legal arrangement. Hiring a guardianship lawyer will provide you with answers to any questions you may have in this matter. Your attorney can help you understand what form of guardianship is optimal in your case and can help you understand what to realistically expect throughout the process.

THE EDGAR & DOW, YOUR SAN BERNARDINO GUARDIANSHIP ATTORNEY

The team at the Edgar & Dow makes it their goal to offer straightforward and honest counsel – even if it’s not what you want to hear. We prefer to make sure you have an accurate and thorough understanding of everything involved in filing for and maintaining guardianship over a person or an estate.

Our experienced guardianship attorneys offer a tailored approach to every case, aiming to provide services in a fast and cost-effective manner. We offer a free consultation with no obligation to discuss your case and ensure your questions are answered. We’ve been working with San Bernardino families to handle a variety of family law cases with a range of details and backgrounds, providing us with the experience to handle your case with confidence.

WHAT IS GUARDIANSHIP?

Guardianship aims to provide legal protection for individuals, typically minors, who are unable to care for themselves by allowing the appointed guardian to assume legal responsibility over them. The guardian is to act in the best interest of the child, caring for their well-being and safety and making decisions for their care.

Because the San Bernardino court system will be granting custody of a child, management power over their property, or both, the process can be complicated and arduous. Unfortunately, there is plenty of room for making mistakes. Partnering with a qualified guardianship lawyer can help you properly handle each step of the process with care.

WHAT ARE THE STEPS INVOLVED IN FILING FOR GUARDIANSHIP?

In California, both courts and individuals interested in pursuing guardianship can initiate the appointment process. Everything in the case will be judged and evaluated on what is in the interest of the person being cared for, and the court will make the final decisions after reviewing the details of your case. Proceedings are typically initiated after evidence or a concern over the present well-being of an individual who cannot otherwise take care of themselves is raised, such as parents who have demonstrated a present inability to properly provide care for their child.

To initiate, you must file the request with the court, then notify all applicable family members, including parents, of the legal proceedings. An investigation will be conducted, and a court date will be set, which you’ll need to prepare for and attend.

HOW IS GUARDIANSHIP DIFFERENT THAN PARENTAL RIGHTS?

Appointing guardianship is unique from granting parental rights, such as through adoption. There are a few key contrasting factors:

• Duration. Guardianship is a temporary arrangement, typically only lasting six months. Longer appointments can be granted, but guardianship, unlike an adoption, can be terminated by a court at any time.
• Limitations. Guardianship does not terminate the parental rights of the parents, nor does it grant parental rights to the guardian. Legally, a parent and a guardian are separate entities.

Legally, guardianship can grant the legal powers necessary to ensure that someone is able to provide for the physical, financial, and overall well-being of the child for a set period of time.

San Bernardino Guardianships FAQS

Q: How Much Does It Cost to Get Legal Guardianship in California?

A: You should expect to pay court filing fees, attorney fees, and other related expenses to get legal guardianship in California. The total fees can range, depending on your circumstances, from a few hundred dollars to several thousand. The cost to file for guardianship of a person is $225 and $450 for filing for guardianship of an estate. There is an immediate $650 investigation fee due as well. For those who can’t afford the cost, fee waivers may be available.

Q: How Do I Get Legal Guardianship in CA?

A: To obtain legal guardianship in California, you will need to complete the following four steps. First, start a guardianship case by filing, after which you’ll receive a court date. Next, notify any family members and inform the child’s parents of the request. You will formally give notice by providing a copy of the court papers. Then, the court will appoint an investigator who will meet with you and report to the judge. Lastly, prepare to attend your court date.

Q: Does Guardianship Override Parental Rights in California?

A: Legal guardianship does not completely override parental rights in California. Guardianship establishes a temporary arrangement in which the parent’s rights are legally suspended rather than wholly taken away, with those rights able to be reestablished under certain circumstances. In the meantime, parents can request reasonable contact with their child from the court. Guardianship is intended to protect the interests of the child but is not a legal replacement for parenthood, granting only a limited number of the same rights.

Q: How Long Does Temporary Guardianship Last in California?

A: A temporary guardianship in California typically lasts no longer than six months. Guardianship is intended as a temporary arrangement, only meant to last for a certain period. The temporary guardianship process can be started again if after the temporary order expires, the child still needs a guardian. Additionally, if it is determined necessary for the child’s welfare, the court could appoint permanent guardianship, or you could file to request one yourself.

START YOUR SAN BERNARDINO GUARDIANSHIP WITH A FREE CONSULTATION

The guardianship lawyers at the Edgar & Dow want to help you get started on your San Bernardino guardianship or conservatorship case right away. If you are considering guardianship over a loved one or would like to settle any concerns you have regarding the matter, let one of our experienced attorneys guide you through the process and demonstrate how everyone’s legal rights can be protected. To help discover the arrangement options that will most effectively ensure the well-being of your loved ones, contact our team today.