What is Guardianship?
Guardianship is a legal arrangement where a court appoints a responsible adult to care for a minor child (under 18) when parents are unable or unwilling to do so. Unlike adoption, guardianship does not permanently sever parental rights.
When is Guardianship Needed?
- Parents are deceased or incapacitated
- Parents struggle with substance abuse
- Parents are incarcerated
- Child has been abandoned
- Parents are deployed military
- Parents have serious mental illness
- Child is being abused or neglected
- Parents voluntarily surrender care
Who Can Be a Guardian?
Any responsible adult can petition to become a guardian, though courts prefer relatives when possible:
- Grandparents
- Aunts and Uncles
- Adult Siblings
- Other Relatives
- Family Friends
- Foster Parents
- Any Caring Adult
Types of Guardianship
Guardian of the Person
Responsible for the child's daily care, including:
- Physical custody and care
- Food, clothing, and shelter
- Medical and dental decisions
- Educational decisions
- Safety and protection
Guardian of the Estate
Manages the child's finances and property:
- Inheritance management
- Lawsuit settlements
- Social Security benefits
- Investment accounts
- Real property
Full Guardianship
Complete responsibility for both person and estate:
- All personal care duties
- All financial responsibilities
- Court supervision required
- Annual accountings
- Most comprehensive protection
Important: Guardianship can be temporary (90 days or less) or permanent (until the child turns 18). Emergency guardianships are available when a child faces immediate danger.
Protecting Your Children's Future
Every parent's priority is ensuring their children are cared for, no matter what happens. Establishing guardianship plans gives you peace of mind knowing your children will be raised by someone you trust, with the values you hold dear.
Whether you're creating an estate plan, facing deployment, or helping a family member in crisis, we guide you through the guardianship process with compassion and expertise, ensuring your children's best interests are always protected.
The Guardianship Process
Establishing guardianship requires court approval through a formal legal process. Here's what to expect:
Initial Consultation
We assess your situation, determine if guardianship is appropriate, and explore alternatives. We'll discuss the child's needs, family dynamics, and your ability to serve as guardian.
File Petition
We prepare and file the Petition for Appointment of Guardian (Form GC-210) with the court, including all supporting documents and declarations.
Serve Notice
Legal notice must be given to parents, relatives, and other interested parties. This ensures everyone has an opportunity to participate in the proceedings.
Investigation
The court may order an investigation by a court investigator or social worker to evaluate the proposed guardianship and make recommendations.
Court Hearing
Attend the guardianship hearing where the judge will review evidence, hear testimony, and determine if guardianship is in the child's best interests.
Letters of Guardianship
If approved, the court issues Letters of Guardianship, giving you legal authority to care for the child and make decisions on their behalf.
Special Considerations
Indian Child Welfare Act (ICWA)
Special federal protections apply if the child is Native American or eligible for tribal membership. Additional notice requirements and placement preferences must be followed.
Immigration Issues
Guardianship may help undocumented children obtain Special Immigrant Juvenile Status (SIJS), potentially leading to lawful permanent residence.
Educational Rights
Guardians can enroll children in school, consent to IEPs, and make educational decisions. Some schools may require additional documentation.
Financial Support
Guardians may be eligible for CalWORKs, AFDC-FC, or other financial assistance programs. The child may also receive Social Security survivor benefits.
Visitation Rights
Parents typically retain visitation rights unless the court finds it would be detrimental to the child. Visitation can be supervised if necessary.
Termination
Guardianship ends when the child turns 18, is adopted, emancipated, or if the court terminates it. Parents can petition to regain custody if circumstances improve.
Guardian Rights & Responsibilities
Your Rights as Guardian
- Make educational decisions
- Consent to medical treatment
- Apply for benefits on child's behalf
- Determine where child lives
- Access school and medical records
- Make day-to-day parenting decisions
- Receive financial assistance (if eligible)
Your Responsibilities
- Provide safe, stable home
- Meet child's basic needs
- Ensure education and healthcare
- File court status reports
- Manage finances responsibly
- Facilitate parent visitation (if ordered)
- Act in child's best interests
Note: Guardians must get court approval for major decisions like moving out of state, changing the child's name, or allowing adoption.
What Our Clients Say
When my sister could no longer care for her children, Rozsa helped me become their legal guardian. The process was smooth and the kids are now thriving in a stable home.
My grandchildren needed a guardian after their parents' accident. Rozsa walked us through every step with compassion and professionalism. Highly recommend their services.
Being deployed overseas, I needed guardianship established for my daughter. Rozsa Law Firm handled everything efficiently and gave me peace of mind during deployment.
Frequently Asked Questions
Why Choose Law Offices of Rozsa Gyene?
Compassionate Approach
We understand the emotional challenges of guardianship cases and provide caring, supportive guidance throughout the process.
25+ Years Experience
With over two decades handling California guardianships, we know how to navigate complex family situations and court requirements.
Family-Focused Solutions
We work to preserve family relationships when possible while always prioritizing the child's safety and wellbeing.