Guardianship law in California allows the guardian to take legal responsibility for a minor child. A family member may accept guardianship of a child if a parent becomes terminally ill, if the parents are unavailable or unfit to parent, or upon the death of both parents. Establishing a guardian when the parent is still alive generally requires the biological parents’ approval. If appointed legal guardian, there are several things that you are responsible for providing:
- Food, clothing and shelter
- Safety and protection
- Management of the finances
- Medical and dental care
An attorney can support your family as you consider whether a guardianship is in your family’s best interests. Contact Cullen Family Law Group for skilled guidance on guardianship issues. We will advise you of the proper procedure to obtain a guardianship. Our practice handles the guardianship and termination of guardianship proceedings.
California Guardianship Basics
There are three types of guardians: guardian of a person, guardian of an estate, and guardian of a person and estate. The different types reflect the knowledge that different people have different needs from guardians. The attorneys at Cullen Family Law Group can counsel you on the proper type of guardianship that would best suit the degree of assistance the dependent requires.
Adoption v. Guardianship In California
Adoption in California is different from legal guardianship. The Court may terminate the guardianship if it is in the child’s best interest. On the other hand, the Court cannot terminate an adoption. In some cases, stepparents who are unable to terminate the biological parent’s legal rights may seek guardianship instead of stepparent adoption. If the Court obtains protection over an adult, it is considered a conservatorship. We do not seek conservatorships for adults.
For any family law matter related to guardianship, contact a California family law lawyer at Cullen Family Law Group. We have law offices in both Riverside and Temecula.