Guardianship

Guardianship Attorney- Dana Point, San Clemente, San Juan Capistrano

What is a Guardian?

Becoming a guardian is the legal process whereby a person assumes the power to make decisions about a child’s person or property. Legal guardians have a lot of the same rights and responsibilities as parents. They can make decisions regarding the child’s health, education, and property.

Who Can Become a Guardian

A guardian is someone who is not the parent of the child but who is  appointed to care for the child. A guardian is often a relative of the child such as a grandparent, brother/sister, or uncle/aunt. However, a guardian need not be a blood relative of the child. A guardian can be a friend of the family or someone who knows the child.

Types of Guardians

There are two types of guardianship procedures: guardianship of the estate and guardianship of the person.  A guardianship of the estate is where a guardian is appointed to make decisions regarding the assets and property of a child. A guardianship of the person is where a guardian is appointed to make all significant decisions regarding the child’s well being including physical custody, education, health, activities, and general well being. It is common that a guardian be appointed as both the guardian of the estate and the person.

Additionally one may be appointed a temporary guardian of a child for a definite period of time. Such an appointment may be necessary while parents of a child are temporarily unavailable or unable to care for a child. A temporary guardian is often appointed in cases of an emergency where a child needs immediate medical treatment, the parent is incarcerated or deceased, or the parent is a minor.  A permanent guardianship on the other hand, is where a guardian is appointed to a child for an indefinite period of time and will thus make decisions affecting the child until they reach the age of majority.

Guardianship Process

The guardianship process involves the filing of many important legal documents, such as a Petition for Appointment of Guardian of the Person or Estate and other corresponding forms. Additionally, the person seeking to be appointed guardian, must give notice to all relatives of the child. After the filing of all of the requisite forms and notice to all relatives, a hearing will be set by the court to determine if the guardian should be appointed.

Guardianship proceedings are one of the most complicated family law matters. There are a multitude of complicated forms that must be filed and the process of giving notice to all relatives can be arduous. However,  the attorneys at Wilkinson & Finkbeiner have had notable success in guardianship cases. Attorney Brian D. Mullen has recently worked on a highly acrimonious guardianship matter, where his client was ordered the child’s permanent guardian.*

For more information on guardianship matters, call our offices at (949) 955-9155 and set up your free consultation with an experienced attorney.

*Results not guaranteed.