(909) 451-7005Ontario Guardianship Attorneys
Helping Clients Become Legal Guardians
When a family member struggles to make important decisions or meet their basic needs and care, you may feel compelled to take action. But what can you do to help? Guardianships are a solution many people pursue in order to guarantee a loved one’s safety. But what is a Guardianship?
B.C. Miles Law Group is here to explain what Guardianship is, how you can use this legal option to care for a vulnerable minor child, and the process involved with getting a guardianship order. If you need immediate help with this or other vital estate planning services, get in touch with our team today.
Call 909-451-7005 to schedule a free consultation with our compassionate Ontario Guardianship attorneys.
What is a Guardianship?
In California, Guardianship is a legal arrangement. The court appoints a trustworthy, responsible adult, called the guardian, to care for a minor child. The person being cared for is called a ward, and it is the guardian’s job to provide their ward with necessary care, protect their best interests, and manage their finances when necessary.
California employs two main types of guardianship: guardianship of the person and guardianship of the estate.
What is Guardianship of the Person?
This guardianship gives the guardian the authority to make important decisions regarding their ward’s daily care. This includes the following.
- Medical decisions, medical care, treatments, and procedures.
- Education
- Religion
- Day-to-day care
The guardian is responsible for ensuring that their ward has adequate shelter and nutritious food and that their basic needs are being met.
What is Guardianship of the Estate?
When a ward has substantial assets, perhaps from an inheritance or large legal settlement, they may need help managing their finances. A guardian of the estate has the authority to make smart, helpful financial decisions for their ward. A guardianship of the estate has the following responsibilities.
- Managing their ward’s finances, investments, and property
- Ensuring funds are used for their ward’s benefit
- Filing financial reports with the court.
The guardian will have little control over their ward’s personal life. Their primary concern is to assist their ward with important financial matters.
Can You Be Both?
In California, one person can be appointed as both guardian of the person and guardian of the estate if the court determines it is in the best interest of the proposed ward. This would leave both financial and personal decisions at the discretion of the guardian.
However, it is also possible for two different people to be assigned as guardians for separate matters. For example, a trusted aunt can be a guardian of the person for their nephew. At the same time, a finance-savvy attorney can be appointed as the guardian of that same minor child’s estate until they are old enough to make their own financial decisions.
How Do Conservatorships and Guardianships differ?
Conservatorships and guardianships serve a very similar purpose. Both involve a court-appointed individual to manage another person’s affairs. However, guardianships are for minor children, and conservatorships are for adults who are disabled or incapacitated.
A guardianship usually lasts until the child turns 18. Conservatorships can be temporary or permanent, depending on the disabled or incapacitated adult’s needs. A guardianship may require the guardian to seek court approval before making major financial decisions, such as selling the child’s property, but a guardian of the person isn’t always required to make annual reports. A conservatorship requires the conservator to make annual financial and medical reports, as well as seek court approval for large financial decisions.
Are you unsure of which you need? Call B.C. Miles Law Group to speak with a knowledgeable attorney who can help you. Call 909-451-7005 today for a free consultation.
Who Can Apply for Guardianship?
Any interested adult can apply for guardianship if they can prove it is in the best interest of the potential ward. Relatives, close family friends, and other concerned adults who can provide the essential care needed can apply.
How Do You Apply for Guardianship?
This complex legal process requires you to file the proper paperwork and attend court hearings to obtain approval from a judge. You will have to do the following:
- Filing a petition– You must submit a petition for the appointment of a guardian in the California probate court in the county where the potential ward lives.
- Notify relatives– California law requires you to notify the child’s parents, grandparents, and other close relatives about the request.
- Court investigation– A court investigator assesses whether or not guardianship is in the child’s best interest. They will conduct interviews with the necessary parties and conduct background checks.
- Attend a court hearing– A judge will review the case, consider testimonials and objections, and determine if guardianship is necessary.
- Receive court approval– If approved, the guardian receives letters of guardianship, which give them legal authority to care for the ward.
This entire process is complicated and stressful, and a mistake can lead to setbacks and denials while the individual suffers. You don’t have to do this alone.
Can B.C. Miles Law Group Help You?
It can be hard to deal with this process alone. Seeking custody of another person is not taken lightly by the court. If time is of the essence, working with a skilled guardianship attorney can expedite the process and increase your odds of success. Whether you need help with this, conservatorship, or other family planning services, B.C. Miles Law Group is here to help you.
Our Ontario Guardianship lawyers are available; schedule a free consultation now by calling 909-451-7005.