Guardianship Services

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

Family planning for child guardianship protection

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.

Choose trusted guardians for your children

Ensure continuity of care and values

Avoid court-appointed strangers

Provide clear instructions for care

Discuss Your Guardianship Needs

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.

The Guardianship Process

Establishing guardianship requires court approval through a formal legal process. Here's what to expect:

1

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.

2

File Petition

We prepare and file the Petition for Appointment of Guardian (Form GC-210) with the court, including all supporting documents and declarations.

3

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.

4

Investigation

The court may order an investigation by a court investigator or social worker to evaluate the proposed guardianship and make recommendations.

5

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.

6

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.

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.

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.

Frequently Asked Questions

How long does the guardianship process take? +

The process typically takes 2-3 months from filing to court hearing. Emergency guardianships can be obtained within days if the child faces immediate danger. Temporary guardianships (up to 90 days) have expedited procedures.

Do I need the parents' consent? +

Parent consent makes the process easier but is not required. If parents object, the court will hold a contested hearing to determine what's best for the child. Parents who cannot be located must still be notified through publication or other means.

What's the difference between guardianship and adoption? +

Guardianship is temporary and doesn't end parental rights - parents can petition to regain custody. Adoption permanently transfers all parental rights and creates a new legal parent-child relationship. Guardianship ends at 18; adoption is permanent.

Can I get financial help as a guardian? +

Yes, several programs provide financial assistance to guardians including CalWORKs, Kin-GAP, AFDC-FC, and Social Security benefits. Eligibility depends on factors like your relationship to the child, income level, and the child's eligibility for benefits.

Can guardianship be changed or terminated? +

Yes, guardianship can be modified or terminated by the court. Parents can petition to regain custody if they can show changed circumstances. Guardians can also request termination if they can no longer serve. The court always considers the child's best interests.

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.

Free Consultation: We offer a free initial consultation to discuss your guardianship needs and explain your options. Call us today at (818) 291-6217.