Understanding Guardianship in California

The legal definition of guardianship varies by state, but it applies to minors under the age of 18 in California. If you are an adult caring for a friend or family member’s child, you may want to make it official by becoming the child’s legal guardian, at least for the time being.

If a court awards guardianship under California law, it means that an adult who is not the kid’s mother or father will have custody of the child. It could also suggest that an adult who isn’t the child’s parent has legal power over the child’s estate. Guardianship can sometimes entail both the care of the child and the administration of the child’s estate.

This post contains information about probate guardianships, which are often filed by someone who wants the court to appoint them as a guardian or a guardian for a child. Non-parents who are given custody through the Juvenile Dependency Court are not covered by this article.

What is the purpose of probate Guardianship?

If you’re caring for a child who isn’t yours or plan to care for one, and you expect the child to be with you for a long time, you’ll need the authority to make certain decisions for the child. You may need to enrol the child in school, take him or her to the doctor, or sign documents allowing the youngster to undergo an unexpected surgery, for example. It’s possible that you’ll need to purchase health insurance for the child. To do all of these things, you’ll need to get legal permission.

If you are appointed as a child’s guardian by the court, you will be given a court order granting you the ability to make decisions on behalf of the kid. As long as the child is under the age of 18, you can seek the court for a probate guardianship.

Guardianship or Adoption

Adoption and guardianship are not the same thing. The parents’ parental rights are preserved under a guardianship, so they can request appropriate contact with their child. The guardian may be subject to court supervision, and if the parents reappear, the court may allow them to reclaim their kid, depending on the circumstances.

For example, if a mother was caught for drug possession and sentenced to jail and rehab, the court may grant her custody of her child once she completes her term, probation, and a substance abuse program.

With an adoption:

• The parent’s parental rights are terminated.
• The adoptive parents establish a legal relationship with the child that is identical to that which would exist if the child were their biological son or daughter.
• An adopted child has the same inheritance rights as biological children.
• Unlike guardianships, adoptive parents are not subject to court supervision.

There are two Types of Guardianships in California

In California, there are two sorts of guardianships, as previously stated. The guardian has the same responsibility as a parent when it comes to guardianship of the person: the guardian must give food, shelter, emotional support, medical and dental treatment, safety and protection, clothes, and education to the child.

With estate guardianship, the guardian is in charge of the child’s assets. This usually occurs when a child is an actor or singer, or when the child inherits money. A person may be both a guardian of the person and a guardian of the estate at times. If a guardian of the estate is appointed, he or she must carefully manage the child’s assets, handle the child’s property, and invest the child’s money intelligently.

Guardianship Alternatives

You may not want to go to court and ask to be a child’s legal guardian because you believe it is excessive or unnecessary. Perhaps you believe guardianship would be inappropriate in this scenario because it is only temporary. While guardianship is necessary in some cases, it is not always necessary.

A guardianship may not be necessary if the parents agree to sign paperwork granting you the authority to care for their child. For instance, if the child’s parents want you to look after the child and do not believe you are a danger to the child in any manner, they can sign a Power of Attorney for a Minor Child to avoid the trouble of going to court. They must sign this form in front of a notary, but it will provide you physical possession of their child, allowing you to make decisions about their medical care and education.

Here’s some advice if you’re thinking about signing a Power of Attorney for a Minor Child:

• If you wish to add the child to your health insurance, be aware that you’ll almost certainly need to seek a court-ordered guardianship of the person. Why? Because, unless a court order is in place, insurance companies will not generally allow people to add another person’s child to their health insurance policy.
• This does not have to be a long-term fix. Keep in mind that the child’s parents can revoke the Power of Attorney at any time if the situation becomes untenable for any reason.

We really hope that this information may assist you in better understanding California guardianship. Please contact Spodek Law Group for a free consultation if you require expert legal assistance in a child custody dispute in the Greater Los Angeles Area.