What is a Guardianship?
In California, guardianship is a court-ordered arrangement in which someone other than the child’s parent is appointed to take care of the child or handle the child’s property. There are two primary forms of guardianship: guardianship of the person, which involves responsibility for the child’s daily care, education, and medical needs; and guardianship of the estate, which involves managing the child’s financial assets and property. A guardian of the person has the authority to make key decisions about the child’s well-being, while a guardian of the estate oversees the child’s property until they reach the age of eighteen.
When is a Guardian of the Person Needed?
A guardian of the person is needed when a child’s parents are unable to care for him or her. Common examples include when parents are deceased, incarcerated, or addicted.
When Is a Guardian of the Estate Needed?
A guardian of the estate may be required when a child inherits money or other valuable assets. If the child only receives public benefits such as Social Security or TANF/CalWORKs, a guardianship of the estate is generally not necessary.
Frequently Asked Questions
- What will you do for me? We complete and file guardianship paperwork under your direction.
- Are you attorneys? No. We are a legal document assistant firm registered in Kern County under license #122.
- Will you go to court with me? No, but we can introduce you to attorneys who can go with you. However, most of the guardians we help go to court without an attorney.
- What if the parents oppose my request for guardianship? The court will decide if the parents are qualified to continue to care for the children. If the court decides that the parents are not qualified, you may be appointed as a guardian.
- Will you advise me? We do not give legal advice. We assist with preparing, serving, and filing legal documents.
- How much does it cost? Court and investigation fees vary and may be waived. Our prices start at $1,320.