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Guardianship is a process where another person is given custody of a child or authority over a child’s assets. Establishing guardianship isn’t always a straightforward process, but it doesn’t have to be complicated. If you're appointed as a guardian of someone else, you may be responsible for:
Appointment as guardian requires the filing of a petition and approval by the court. If the court grants you a guardianship, the guardianship may be:
If the court appoints you as a guardian for someone, you’ll assume responsibility for that person. You must clearly understand your duties and responsibilities as a guardian. If you have any questions, you should consult with an attorney who is qualified to advise you in these matters.
Do you need help becoming someone's guardian? I can help. Contact us today to schedule a free consultation.
People sometimes use the terms guardianship and adoption interchangeably without fully understanding the legal differences between the two. Generally, guardianship and adoption are legal proceedings that create a legal relationship between an adult and a child.
Although they share some similar elements, there are important distinctions between these two proceedings . The biggest differences between guardianship and adoption may be the desired outcome for the child, the rights of the caregiver, and the relationship between the caregiver and the individual they’re adopting or providing guardianship over.
Guardianship is a legal process where an adult (the guardian) is given authority or custody of an individual and/or their assets. The guardian assumes legal authority and responsibility to care for the individual and make decisions on their behalf.
Unlike guardianship, where one is granted authority to care for an individual, adoption permanently transfers the legal rights and duties of parenthood from the child's biological parents to the adoptive parents.
In guardianship, the biological parents typically preserve their legal rights and may still contribute to important decisions regarding the child's welfare. In adoption, however, the biological parent's rights are terminated, and the adoptive parents gain full legal rights and responsibilities once the adoption process is finalized.
You may want to consider guardianship for a child in the following situations:
A guardianship attorney can help explain laws and regulations related to this type of proceeding in California. They can also assist you in navigating the court process to establish guardianship.
An attorney can help ensure the necessary legal documents are created, reviewed, and executed. They will represent your interest in court if there are objections or competing guardianship claims.
To become a guardian in California, you must first file a petition in the appropriate court, providing information about yourself, the minor, and the reasons for seeking guardianship. You'll need to notify interested parties, which may include parents, relatives, and the person you're seeking guardianship over. The court will conduct background checks and investigations to ensure your suitability. A hearing will be scheduled, where a judge will review the case and make a decision based on the best interests of the individual in question.
If approved, you'll receive legal documentation granting you authority as a guardian, allowing you to take on responsibilities for their care, education, healthcare, and overall well-being. It's advisable to seek guidance from an estate planning attorney in California for a smooth and legally sound process. Keep in mind that legal procedures may evolve, so consulting with a professional for the most current information is crucial.
Guardianship can be contested by interested parties who believe the process is not suitable or in the best interest of the child. When guardianship is contested, it involves a complex legal process where all parties present their arguments and evidence to the court.
The court will then analyze the contesting claims and make a decision based on the best interest of the child. It is advisable to consult an attorney if you think guardianship may be contested or wish to contest a proposed guardianship in San Diego.
Ms. Suchomel is very professional and nice. I really appreciated that she explained the whole conservatorship process to us in detail and was always willing to answer all of our questions and address our concerns. Thank you Ms. Suchomel for all your help!
Mi experiencia con la abogada fue muy bonita, ella fue muy honesta desde el principio y me explico todo el procedimiento con detalle. Le hizo todas las preguntas necesarias a mi hijo y nos dio un trato muy amable. Lo mejor de todo fue que todo me lo explico en español correctamente.
Willing to help at anytime, with all paperwork always aware at the needs of my daughter case. Ampliamente recomendable.
Ms. Suchomel assisted me in the conservatorship for my stepdaughter and was helpful and professional throughout the process. Willing to go the extra mile to achieve the best results.
Ms. Suchomel assisted me in the conservatorship for my son and was helpful throughout the process. I work with children with disabilities and plan on referring Ms. Suchomel to them.
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