Guardianships

Information on Guardianship

WHAT IS GUARDIANSHIPS?

Guardianship is a court process by which a person other than a parent is given custody of a child or authority over a child’s property. Appointment as guardian requires the filing of a petition and approval by the court. If the court establishes a probate guardianship, the guardianship may be:

A guardianship of the person of the child (custody);

A guardianship of the child’s “estate” (property);

Or both

If the court appoints you as a guardian for a child, you will assume important duties and obligations. You will become responsible to the court and report for your actions taken. It is essential that you clearly understand your duties and responsibilities as guardian. If you have any questions, the TEAL attorneys at TLD Law are qualified to advise you in these matters.

WHAT IS A LEGAL GUARDIAN?

A legal guardian is an adult to whom the court has given authority and responsibility to provide care for a child, or to manage the child’s assets, or both.

WHO MAY BE LEGAL GUARDIANS?

Relatives, friends of the family, individuals nominated in the parent’s Will, or other interested persons may be considered as potential legal guardians.

BEFORE YOU FILE THE PETITION

Before you file a petition for guardianship, you should consider the following:

Is a guardianship really necessary?

Have you considered the alternatives?

Do the parents consent to the guardianship?

Without parental consent, is there enough evidence for you to prove the need for a guardianship?

Do you need legal advice or assistance?

Some Alternatives to Guardianship

PRIVATE AGREEMEENTS

You can make a private agreement with the child’s parents to provide care for the child. A written agreement can be made showing that you have “custody” of the child with the parents’ consent. Normally it is also beneficial to secure a medical release for emergencies, especially if a parent is not readily available.

Note: The parents may revoke this type of agreement at any time.

CAREGIVER’S AUTHORIZATION AFFIDAVIT

The California Family Code allows a person who is related to a child to fill out a Caregiver’s Authorization Affidavit. The affidavit normally allows that person, as a caregiver, to enroll the child in school and secure medical treatment for the child. You may read Family Code section 6550 for details about this law. The caregiver form may be available through your local county clerk’s office, through private legal publications, or from a private attorney.

Note: The parents may revoke your authority or override your decision under this type of agreement at any time .

OTHER FINANCIAL ARRANGEMENTS

The law allows parents to make other financial arrangements for property inherited by or given to their children. For instance, a blocked account and other protective measures can be used without the appointment of a guardian of the estate. Consultation with an attorney for these types of matters is highly recommended.

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