Family Law

San Francisco Family Law Attorney explains the guardianship process

By Scott Sagaria

San Francisco Family Law Attorney explains the guardianship process.

Parents who do not plan for their child(ren)?s guardianship as part of their estate plan run the risk of the court appointing a probate guardian, who will have legal and financial responsibility for any minors until they reach the age of 18.

There are three types of guardianship that the court may order:

Probate Guardianship of the Estate - this is established when the person(s) who left the child money did not establish a guardian in their estate plan. This person will manage the child?s money until the child turns 18 years of age.

Probate Guardianship of the Person ? this individual takes over the legal, financial, and emotional responsibilities of caring for the child.

Probate Guardianship of Person and the Estate ? encompasses both of the processes described above.

Guardianship is typically established after the death of the parents or legal guardians, but it can also be established when the parents are alive. These cases often occur when the parents are unwilling or unable to care for the child, or when a parent may be a threat to the child. The probate judge will determine what is in the best interests of the child and appoint a guardian if necessary.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys : (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com.

Full post as published by California Family Law Blog on September 02, 2009 (boomark / email).