Guardianship Attorney
If you have children under 18 years old, one of the most important and challenging decisions you will have to make is deciding who will care for them if you become unable. The guardian stands in the shoes of a parent who is responsible for all aspects of raising a child. We spend considerable time to guide you through this decision-making process by explaining your real-life options and practicable considerations. There are many layers to this process, including selecting the right people and providing guidelines and instructions to them.
Details of the Guardianship
Like a Conservatorship for an incapacitated person, California has two types of Guardianships for minor children. One guardian can assume both roles or they can be done by two different people. A guardian is nominated by a parent, typically in a Will, and appointed by a court. Where there is no Will, the selection is made by the court.
- Guardianship over the person (who will raise the children until 18 years old); and
- Guardianship over the estate (who will be in charge of the inherited money for the minor child until 18 years old). One guardian can assume both roles or they can be done by two different people. A guardian is nominated by a parent, typically in a Will, and appointed by a court. Where there is no Will, the selection is made by the court.
Becoming a Guardian
Being a guardian is a huge responsibility, which is why it is important to seek legal support if you have been named one. To become a guardian, you must complete paperwork and attend court proceedings.
Let Us Help You
We understand the delicate and personal nature of Guardianship. Whether you are looking to designate a guardian in your Will or thinking of becoming a guardian yourself, Goldfarb & Luu can help. We want to ensure each child is cared for in the best way.