Glendale Guardianship Lawyer
Glendale Guardianship Attorney
When a minor child lacks parental care, the court may appoint a guardian to make decisions on their behalf. In California, guardianship is a legal arrangement that gives one person the authority to care for another person who cannot fully care for themselves. A Glendale guardianship lawyer can help guide you through this emotionally and legally complex process.
Guardianship comes with serious legal duties and long-term responsibilities. The right legal counsel can help you adhere to those obligations, avoid prolonged legal proceedings, and protect your interests at every step. The Law Offices of Patricia Rigdon can help guide you through these steps.
Understanding Guardianship in California
In 2022, 8,180 children in California were waiting to be adopted. Adoption is permanent, while guardianships can be modified, and depending on the case, the biological parents could still have certain rights.
Guardianship in California refers to the court procedure where a judge appoints an individual to care for a child, referred to as a ward. The appointed individual or guardian is then responsible for making legal decisions on behalf of the ward.
This includes decisions on housing, healthcare, education, and finances. This decision is not taken lightly, and courts will only grant guardianship when it is in the best interest of the ward.
Understanding the Difference Between a Guardianship and a Conservatorship
It’s easy to confuse a guardianship with a conservatorship. While both involve a court granting someone the responsibility to legally act on behalf of another person, there are a few key differences.
Since 1981, guardianships have only involved minors under the age of eighteen who don’t have parental care. Conservatorships are for adults who are incapacitated or unable to manage their own affairs due to illness or disability.
When Guardianship May Be Necessary
Guardianship is typically used as a last resort. Courts prefer to keep children under the care of their parents unless there’s a serious reason to do otherwise. Some common reasons to pursue a guardianship include if a child’s parents have passed away, are incarcerated, or are otherwise unable to care for them, or a child is living in an unsafe or unstable home environment. In 2022, 93.5% of children in California’s foster care system were placed there due to neglect.
In these cases, having a skilled attorney on your side can help bolster your case in California’s courts. They’ll help discuss your case, gather the right documentation, and represent you in court to fight on your behalf. You’ll want an experienced family lawyer in Glendale on your side if the child’s parents object to the guardianship, you live outside California, or the child has a physical or intellectual disability. An experienced guardianship lawyer can assist you in the following ways:
- Explaining your legal responsibilities and rights.
- Preparing and submitting accurate legal forms.
- Representing you in court hearings.
- Responding to objections from other parties.
- Ensuring ongoing compliance with court orders after appointment.
The Legal Process for Guardianship in California
Filing for guardianship in California involves several steps, and each one must be done correctly:
- Fill out the correct forms. An individual, often the proposed guardian, will file a petition in the court where the child lives using the required forms. You must complete several documents and check for any local form requirements.
- After filling out the required forms, you must notify the child’s family by having someone else serve them with copies. Some people must be served in person, like parents or the child if they’re older than twelve, while other people can be served by mail. The person who served the copies must complete a Proof of Service and file it with the court before the hearing.
- Before your hearing, a court-appointed investigator will visit your home and interview key people, review any records, and conduct necessary background checks. They will write an official report to the judge about whether guardianship is necessary.
- During your court hearing, the judge will review all documentation and testimonies. You’ll want to prepare any additional documents for the court and be ready to explain your case to the judge. If the judge finds the guardianship necessary and the guardian to be fit for the role, the request will be legally approved.
FAQs About Glendale Guardianship Law
How Much Does It Cost to Get Legal Guardianship in California?
The cost to obtain legal guardianship in Glendale, California, varies. Court filing fees range from $225 to $486, depending on the county and whether you’re filing for the guardianship of a person, a guardianship of the estate, or a guardianship of both. If the fee is too high, you can file for a fee waiver.
How Much Does a Guardianship Lawyer Cost?
The cost of hiring a guardianship attorney in California can range widely depending on the complexity of the case, if the case is contested, and the lawyer’s experience and hourly rate. You’ll also have to factor in filing fees, investigation costs, and other potential costs. However, having an experienced lawyer on your side will help you not only understand your rights as a guardian and the rights of the child but also streamline the entire process.
What Are the Two Types of Guardianship in California?
California has clear distinctions between the two types of guardianships. Guardianship of the person is when the guardian makes decisions about the ward’s personal care, such as medical treatment and daily living needs. Guardianship of the estate is when the guardian manages the ward’s finances, such as income, savings, and property. The court will either appoint one person for both types of guardianships or different individuals for each.
How Long Does the Guardianship Process Take in California?
The time can depend on the petitioner’s diligence and the complexity of the case. For example, if the child has many relatives that must be served with proper notice, that will take longer than a child with a small family. Once the petitioner has filed all the required forms, the hearing will then generally be set.
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