760.753.0088
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rich@richcornell.com
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843 Second Street, Suite A Encinitas, CA 92024
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Guardianship

Guardianship In California

A legal guardian is responsible for making decisions regarding a minor person’s personal affairs and living situation. Typically, a guardian takes care of a minor’s personal needs, including shelter, education, and medical care. A guardian may also provide financial management of a child’s assets, although sometimes a second person (often called a “guardian of the estate”) is appointed for this purpose.

Key Points of Guardianship

1. Determine Where The Minor Lives

2. Supervising The Minor’s Conduct

3. Making Sure The Minor Attends School

4. Making Sure The Minor Receives Medical Care

How We Help

To establish legal guardianship for minors in California, an individual must initiate a guardianship case in the county where the child resides. Furthermore, we help to complete the following required forms when submitting a petition for guardianship of minor children:

 


Petition for Appointment of Guardian of Minor

Required attachments to Petition

Guardianship Petition

Notice of Hearing

Consent of Proposed Guardian

Duties of Guardian

Letters of Guardianship

Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

Confidential Guardian Screening Form 

Any other forms the local court requires

Specialty

Richard Cornell specializes in Guardianship and helps you through the entire process.

Legal Protection

Hiring a skilled lawyer can ensure the rules and guidelines set by the law are followed to avoid costly mistakes.

Professionalism

Guardianship is a complex process, which is why Richard Cornell's meticulous attention to detail is crucial in a lawyer.

Guardianship FAQ

Frequently Asked Questions About Guardianship

What's The Difference Between A Guardianship And Adoption?

There are several distinctions between a guardianship and an adoption. Firstly, adoption involves replacing one set of parents with another, thereby treating the adopted child as if they were born to the adopting parents. 

In a guardianship, parents retain their parental rights and can request reasonable contact with the child from the court. Conversely, adoption results in the permanent termination of parental rights. Where a guardianship may be terminated if the parents become capable or willing to care for the child.  If appointed as a child’s legal guardian, you will be subject to court supervision, where adoptive parents are not. Lastly, an adopted child would inherit from their adoptive parents, like a biological child, whereas a child under guardianship would not inherit from your estate.

Who Can Be A Guardian Of The Minor?

A guardian can be any individual capable of raising the child and ensuring a secure and stable environment. Whether they are relatives, family friends, or other non-parents of the child, they can petition to be appointed as the child’s legal guardian. Guardians may be subject to court supervision.

When Is A Guardianship Needed?

Guardianship might become necessary when parents are incapable of caring for their child. This could occur if one or both parents suffer from a severe physical or mental illness, are serving in the military and deployed abroad, are undergoing long-term rehabilitation, are incarcerated, struggle with substance abuse, or have a history of abusive behavior.

What Is A Temporary Guardianship?

A temporary guardianship is appointed in urgent situations and the temporary guardian serves until the a final determination on a petition for appointment of a guardian. A temporary guardianship cannot be requested until a general petition for appointment of a guardian has been filed.

Let us help you!

If you need any help, please feel free to contact us. If you need immediate assistance, you can call us now.

Call : 760.753.0088

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rich@richcornell.com
·   843 Second Street, Suite A Encinitas, CA 92024