• When a Guardianship is Necessary in California

When a Guardianship is Necessary in California

In California, a guardianship is necessary for a child who does not have a parent to care for him or her. Getting a guardianship over a minor child allows the court to appoint a responsible person to take care of the child in need. However, planning ahead for your minor’s care can ease your worries about who the court might appoint to serve as a guardian if the need arises. In this regard, consider good estate planning tools to make sure your minor child is cared for if you are not able to care for them. Later on, if and when a guardianship is necessary in California, the court will be able to consider your wishes. Read on to learn more about when a guardianship is necessary in California.

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Get help filing a California Guardianship!

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When a Guardianship is Necessary in California After the Death of Both Parents

When a guardianship is necessary in California, the court will need to temporarily or permanently suspend a parent’s rights to handle their child’s care, supervision, education, and medical treatment. In this regard, during the interim the court may grant a parent reasonable visitation with their child. In addition, when a guardianship is necessary in California the court may require the parent to financially support the child. The amount of authority granted to the guardian in the guardianship case may vary. The court may appoint a guardianship of a minor’s person, of a minor’s estate, or both.

If both parents pass away at the same time, the court will need to appoint someone to care for the minor until they reach 18. Accordingly, if you have minor children, you can name in your will who you want to be your child’s guardian. Guardianship is also necessary if one parent passes away and the court has terminated the other parent’s rights.

When a guardianship is necessary in California, the court will appoint a guardian. The petitioner will need to show with clear and convincing evidence that the guardianship is in the child’s best interest. In other words, when a guardianship is necessary in California, the court must determine the person’s ability to care for the child. This article explains the steps to file guardianship in California.

Guardianship Provisions in a Will

It may be difficult for most people to decide who they want to act as guardian of their child. In this regard, consider the age, health, and financial stability of the person you want to be your child’s guardian. Moreover, it is essential to check your choice of guardian every few years. Remember, your first choice for guardian may be a good fit today. However, this same person, over the years, may not be so qualified.

It is always best to name a primary and secondary guardian choice in your will. The court will determine if your first choice for guardian can adequately conduct their duties as guardian. If not, the court can consider your second choice for guardian to serve.

If you do not name a guardian for your child in your will, the court will appoint someone. Of course, the judge’s choice may conflict with your wishes and may even be someone you do not like.

Keep in mind, there may be situations where a temporary guardianship of a minor is needed. This article explains alternatives to formal guardianship in California. If both parents become incapacitated or pass away, however, a formal guardianship will be required. Contact A People’s Choice today to set up your estate plan that includes important guardianship provisions for your child. If you have questions, you can call us at 800-747-2780. If you need to file guardianship, we can help you with all the necessary paperwork.

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By |2018-05-01T02:17:04-07:00May 1st, 2018|Guardianship|0 Comments

About the Author:

Sandra M. McCarthy, founder of A People’s Choice Inc., has worked exclusively in the legal field since 1976. She served as the 2004-2005 President of CALDA (California Association of Legal Document Assistants). She obtained a Paralegal Certificate from the University of California, Santa Barbara. During her career in the legal field, she has worked as a freelance paralegal, law office manager and paralegal studies teacher, and has co-authored numerous legal publications and written hundreds of self-help legal articles. As a registered Legal Document Assistant, Sandy is dedicated to providing affordable, low-cost, self-help document preparation services for California consumers in all 58 counties.

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