Becoming a legal guardian for a child in California is a significant responsibility. It grants the guardian legal authority to make important decisions about the child’s welfare, including decisions about education, healthcare, and daily living. Legal guardianship is often necessary when the child’s parents are unable to care for them due to illness, death, substance abuse, incarceration, or other challenging circumstances.
This blog post will walk you through the process of becoming a legal guardian in California, the steps involved, and key considerations you need to know.
What Is Legal Guardianship?
In California, legal guardianship allows an adult (who is not the child's parent) to take on the role of the child’s caretaker and decision-maker. A legal guardian is responsible for the child's overall well-being, including their health, education, and finances.
There are two types of legal guardianship:
Guardianship of the person: This type of guardianship grants the guardian the authority to make personal decisions for the child, such as where they live, attend school, and what medical care they receive.
Guardianship of the estate: This gives the guardian the responsibility of managing the child’s finances, including assets or inheritances. A guardian of the estate is usually appointed when a child has inherited property or has significant assets.
In some cases, one person may serve as both the guardian of the person and the estate, while in others, different people may fill these roles separately.
Step-by-Step Guide to Becoming a Legal Guardian in California
The process of becoming a legal guardian in California involves several key steps, which are typically handled through the California probate court. Here is an overview of the process:
1. Determine the Need for Guardianship
Before pursuing guardianship, it is essential to assess whether it is necessary. Legal guardianship is often pursued when the child’s parents are unable or unwilling to care for the child. However, parents retain certain rights even if guardianship is granted, and it is often a temporary solution. In some cases, parents may voluntarily agree to the guardianship if they cannot care for the child due to temporary circumstances.
It’s also important to note that if the child is age 12 or older, the court may take the child’s preferences into account when considering guardianship.
2. File a Petition for Guardianship
The first formal step in becoming a legal guardian is to file a Petition for Appointment of Guardian of a Minor in the county probate court where the child lives. You can obtain the required forms from your local court or download them from the California courts website.
The petition includes basic information about the child, the petitioner (the person seeking guardianship), and the reasons for seeking guardianship. In the petition, you will need to explain why the child’s parents are unable to care for them and why you are a suitable candidate for guardianship.
3. Notify Relatives and Other Parties
After filing the petition, California law requires that certain parties be notified about the guardianship proceeding. These parties typically include:
The child’s parents
The child (if they are age 12 or older)
The child’s grandparents
Any other individuals who have legal rights regarding the child, such as other relatives or custodians
Notice must be provided at least 15 days before the hearing date, and the notification must include the date and time of the court hearing.
4. Investigation and Court Review
Once the petition is filed, the court will assign an investigator (such as a social worker or court investigator) to evaluate the case. The investigator will interview the child, the prospective guardian, and the child’s parents (if applicable). They may also conduct a home visit to assess the living conditions.
The investigator’s report will help the judge determine whether granting guardianship is in the best interests of the child. The court’s primary concern is always the child’s well-being and safety.
5. Attend the Court Hearing
The next step is to attend the guardianship hearing in probate court. The petitioner, parents, child (if over 12), and any other interested parties may attend. The judge will review the case, including the investigator’s report, and may ask questions to determine if guardianship is necessary and appropriate.
During the hearing, the judge will decide whether to grant the guardianship. If the court finds that guardianship is in the best interest of the child, the judge will issue an order appointing the petitioner as the legal guardian.
6. Obtain Letters of Guardianship
If the judge grants guardianship, the final step is to obtain Letters of Guardianship from the court. These letters serve as official proof that you are the child’s legal guardian, allowing you to enroll the child in school, authorize medical treatment, and perform other guardian-related duties.
Considerations for Guardianship of the Estate
If the child has financial assets, a separate petition may be required for Guardianship of the Estate. This is especially important if the child has inherited money or property. The guardian of the estate is responsible for managing these assets and must report to the court about how the assets are being used.
The guardian of the estate is held to high fiduciary standards and must act in the best financial interests of the child.
What Are the Rights and Responsibilities of a Guardian?
A legal guardian takes on significant responsibilities in caring for the child, including:
Providing a safe and stable home
Ensuring the child is educated and attends school
Making decisions about the child’s healthcare, education, and personal matters
Protecting the child’s legal rights
It is important to understand that guardianship does not terminate the parental rights of the child’s biological parents unless otherwise ordered by the court. In many cases, guardianship is temporary and can be reversed if the parents later become able to care for the child.
Conclusion
Becoming a legal guardian in California is a detailed process that involves multiple steps, from filing a petition to undergoing an investigation and attending a court hearing. It’s a serious commitment that grants you the legal authority to care for a child and make decisions that impact their life.
If you are considering pursuing legal guardianship, contact the top-rated California probate attorneys Moravec, Varga & Mooney – today to schedule a telephonic consultation. Have questions, call (626) 460-1763 or email LV@MoravecsLaw.com.
Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.
Commenti