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.
Understanding Guardianship in California
Guardianship is a legal relationship where a court appoints a responsible adult (the guardian) to care for a minor child (under age 18) whose parents are unable or unwilling to care for them. Unlike adoption, guardianship doesn't terminate parental rights, but it does give the guardian legal authority to make important decisions for the child.
In California, guardianships are governed by the California Probate Code and require court supervision. The court's primary concern is always the best interests of the child. Guardianships can be temporary or long-term depending on the circumstances and typically last until the child turns 18.
Types of Guardianship
Guardianship of the Person
Grants authority to make decisions about the child's care, custody, and daily life, including where they live, what school they attend, medical care, and day-to-day upbringing.
Guardianship of the Estate
Grants authority to manage the child's financial affairs and property. Often needed when a child inherits money or property and requires someone to manage these assets until adulthood.
Note: You can be appointed as guardian of the person, guardian of the estate, or both, depending on the child's needs and circumstances.
Guardianship vs. Conservatorship vs. Custody
When is Guardianship Needed?
Guardianship becomes necessary when a child's parents cannot care for them due to various circumstances:
Parental Illness or Disability
Parent has serious medical condition, substance abuse issues, mental health problems, or incarceration preventing proper care
Military Deployment
Single parent deployed overseas or both parents serving simultaneously, requiring temporary guardianship arrangements
Abuse or Neglect
Child removed from home by child protective services, or family member seeks to protect child from unsafe environment
Death of Parents
One or both parents deceased and child needs a legal guardian to provide care and make decisions
Financial Estate Management
Child inherited assets, life insurance proceeds, lawsuit settlements requiring adult management until age 18
Grandparents Raising Grandchildren
Parents unable to care for children, and grandparents or other relatives stepping in to provide stable home
Guardian Responsibilities
Serving as a guardian involves serious legal responsibilities similar to being a parent:
Key Guardian Duties:
What Does Guardianship Cost?
Guardianship costs vary depending on whether it's contested and complexity:
Initial petition and Letters of Guardianship issuance
Uncontested cases typically lower; contested cases cost more
Court investigator or social worker evaluation (if ordered)
Annual accountings if guardianship of the estate; bond premiums
Temporary vs. Permanent Guardianship
California law recognizes both temporary and permanent guardianships, each serving different purposes:
Temporary Guardianship
Lasts up to 6 months and can be extended for another 6 months. Used when parent needs short-term help due to:
- Military deployment
- Temporary medical treatment
- Short-term incarceration
- Emergency situations
Permanent Guardianship
Lasts until child turns 18 or until court terminates. Used when parents cannot care for child long-term due to:
- Chronic illness or disability
- Substance abuse problems
- Death of parents
- Long-term incarceration
Alternatives to Full Guardianship
Depending on your situation, less restrictive alternatives may be appropriate before pursuing full guardianship:
- Caregiver's Authorization Affidavit: Allows relative caring for child to make educational and medical decisions without court involvement (valid for one year)
- Power of Attorney for Minor: Parent grants specific authority to another adult for limited time period (typically 6-12 months)
- Foster Care/Kinship Care: Through county Department of Children and Family Services when child removed from home for safety
- Educational Authorization: Limited authority for school enrollment and medical care for child in your care
When Does Guardianship End?
A guardianship typically continues until the child turns 18, but can end earlier under these circumstances:
- Child reaches age 18 - Guardianship automatically terminates when the child becomes a legal adult
- Child marries - Marriage emancipates a minor, ending the guardianship
- Court terminates - Guardian, parent, or child petitions court to end guardianship if circumstances change
- Child is adopted - Adoption supersedes and terminates the guardianship
- Guardian dies or resigns - Court appoints new guardian or terminates guardianship
Protect Your Child's Future Today
Whether you're planning ahead or facing an immediate need, we're here to help establish guardianship that protects your loved ones.
Call (818) 291-6217The 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.
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