Guardianship Attorney

The family unit is slowly disintegrating across the country. This puts children who need the love and care of adults in a precarious situation that the government and lawmakers recognize and are doing something about. When a parent is unable to care for their child for whatever reason, it is possible for a sibling, family member or close family friend to take care of the child until a time when they are able to take care of themselves.

A guardian doesn’t have to be related to the child that is looking to have their needs met. However, a guardian must file the necessary papers with the state if they would like to be considered a guardian. In addition, just because you are a guardian doesn’t mean that the child’s parents don’t have rights; in most cases, they are able to have a say on how their children are raised as long as they are of sound mind and have been cleared by the courts and declared fit parents.

A child may be handed over to the care of a guardian if any of the following applies:

1. If the parent is too physically or mentally ill to take care of their child
2. If the parent is going to jail for a while.
3. If the parent is physically or emotionally abusive towards the child
4. If the parent is unable to take care of the child financially
5. If the parent has an alcohol or drug abuse problem
6. If the parent is on his or her way to a rehab program
7. If the parent has to go overseas on military duty

As a guardian, you are responsible for the following:

• The physical and emotional needs of the child
• The safety of the child
• Making sure the child has access to food, shelter and clothing
• Ensuring that the child is getting a proper education
• Providing medical and dental care to the child
• Supervision of the child to avert any physical or emotional abuse

Guardianship also includes looking over a child’s estate until they turn 18. This may include making sure that the child’s money is being managed in an effective manner, their assets are being invested in a proper manner and that any property that they have is being handled responsibly. In some cases, the court may appoint a different person to oversee the child’s estate and another to oversee the child’s general upkeep.

In order to be considered a guardian, you must file papers in the same county that the child lives. In addition, you must file papers in a different county if there’s a child custody case going on in a different county. Please note that you may need to speak to a lawyer immediately if the child in question has a sizeable amount of property, is Native American, has specific needs of if you live outside California. Please call us today for your free initial consultation.