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Long-Term Guardianship
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Long-Term Guardianship Lawyer In Newport Beach, CA
Parents often have the intention of raising their children until they reach adulthood. However, there are instances where circumstances beyond their control prevent them from fulfilling this role. Factors such as serious illness, military service abroad, substance addiction, incarceration, unexpected death, or inability to provide adequate care can all contribute to this situation. Regardless of the specific reason, if parents are unable to care for their child, another person in the child’s life has the option to petition the court for guardianship. At Finn Legal Group, our Newport guardianship lawyer is dedicated to representing clients in the most crucial aspects of their lives, especially when it comes to the safe harboring of children. Contact our office today at (949) 237-2030 for more information and to learn more about how we can help.
The Fundamentals Of Guardianships
Legal guardians are often close relatives of the child, such as grandparents, siblings, or aunts/uncles. However, it is not a requirement for them to be related. As a legal guardian, you are granted similar rights and responsibilities as a parent. It is important to note that the Court may provide supervision to some extent. As a legal guardian, you will have the responsibility of caring for the child. This includes ensuring their well-being and meeting their needs.
- The child’s food, clothing, and shelter
- The child’s medical care
- The child’s schooling/education
- Appropriate supervision of the child
In the event that there is no public financial assistance or child support available for the child, it will be your responsibility to provide financial support. Additionally, you may also be held accountable for any harm or damages caused by the child.
Types Of Guardianships In California
Guardianship Of The Person
When appointed as a guardian of the person by a court, you assume the same responsibilities for the child’s care as a natural parent. This includes having full legal and physical custody, granting you the authority to make decisions regarding your physical well-being. Your duties encompass providing for the child’s needs such as supervision, nutrition, clothing, shelter, safety, protection, physical and emotional growth, medical and dental care, as well as education.
Guardianship Of The Estate
When appointed as a guardian of the estate by a court, your responsibility will be to manage a child’s income, money, investments, or other property until they reach the age of majority, which is 18 years old. This guardianship may become necessary if the child inherits money or assets while their parents are absent or deceased. Typically, the surviving parent would be appointed as the guardian of the child’s estate. However, in cases where the minor’s real and personal property assets exceed $5,000, this form of guardianship may be required.
Establishing Guardianship In California
Given the intricate nature of guardianship and the extensive information involved in court proceedings, it is highly recommended to seek the assistance of a skilled attorney to navigate the process. At Finn Legal Group, our long-term guardianship attorney in Newport Beach possesses the expertise to effectively guide you through the journey of establishing guardianship. Below is a concise overview of the steps involved in establishing guardianship in California:
- Filing guardianship paperwork
- Giving notice of guardianship application to pertinent parties
- Undergoing a court investigation
- Attending a court hearing
Our California trust and estates law firm specializes in ensuring meticulous filing and comprehensive application submission for guardianship. With years of experience, we provide effective assistance throughout your case proceedings, leaving no detail overlooked.
Guardianship vs. Adoption California
In the past, you may have encountered the terms “guardianship” and “adoption” used interchangeably. However, it’s important to note that these terms hold distinct and separate meanings. When a court grants guardianship, it confers legal custody of the child upon the guardian. This does not involve adopting the child but rather assumes legal authority over them until the court terminates the guardianship, appoints a new guardian, or until the child reaches the age of 18.
Under a guardianship arrangement, if the parents’ circumstances improve and they can demonstrate their ability to care for the child, it is possible for the child to be returned to them. On the contrary, an official adoption permanently terminates the biological parent’s parental rights to the child. Furthermore, while guardianships are supervised by the probate court, adoptions are not subject to court supervision once they are finalized.
Frequently Asked Questions
What Is The Difference Between Guardianships and Conservatorships?
Legal guardianship is a legal arrangement where a non-parent is granted custody over a child who is under the age of 18. This responsibility involves providing care, making decisions, and ensuring the well-being of the child. On the other hand, conservatorship refers to the authority given to an individual to act on behalf of another adult who is over the age of 18. This may include making financial, medical, or legal decisions for the person in question, based on their specific needs and circumstances.
When Is Guardianship Of A Child Necessary?
In certain situations, one or both parents may find it challenging to provide the necessary level of stability, safety, and nurturing care that their child needs. While there is no doubt about a parent’s love for their child, certain circumstances may hinder their ability to fulfill their parental role. Below are circumstances that are frequently observed in guardianship cases in California.
- Serious medical problems
- Severe mental illness
- Military deployment overseas
- Jail and prison time
- Substance abuse (drugs and alcohol)
- Physical, sexual, and/or emotional abuse
What Is The Difference Between Guardianships And Adoptions?
The distinction between guardianships and adoptions lies in the effect on the parent/child relationship and associated rights and obligations. Adoption terminates the parent/child relationship entirely, while guardianship preserves it, though the guardian assumes most responsibilities and rights for the child. Due to this preservation of the parent/child relationship, guardianships can be temporary or terminated if the parent becomes capable of caring for the child.
Guardianships offer an alternative when a parent is unwilling to terminate their parental rights. In cases where adoption is not feasible, legal guardianship may be considered. For further information, please consult with our experienced Newport Beach guardianship lawyer at Finn Legal Group.
Contact Our Newport Beach Guardianship Lawyer Today
Our dedicated Newport Beach guardianship lawyer specializes exclusively in trusts, wills, and estate law, allowing us to bring a wealth of legal expertise to our clients’ cases. With this focused approach, we are able to efficiently and cost-effectively resolve our client’s cases while still providing thorough attention to detail. Navigating California trust and estate law cases can be challenging, not only due to the complex litigation required but also because of the intense emotional rollercoaster involved. At Finn Legal Group, we provide realistic expectations, combined with a caring and supportive approach to our clients’ trusts, wills, and estate law matters. Contact our office today at (949) 237-2030 to learn more about how we can help.