Guardianships

A guardianship is a court proceeding in which a guardian (either a person or an entity) is appointed by the Probate Court to manage the estate of a minor. This is referred to as a probate guardianship. It is very similar to a conservatorship of the estate, although there are various estate management alternatives to a guardianship of the estate which do not require court supervision.

The guardian is responsible for determining where the minor lives, seeing that the minor is properly fed, clothed and sheltered, supervises the minor's conduct, ensures that the minor is enrolled in school and that proper medical care is provided to the minor.

In California, probate guardianships are established in situations where both of the parents of the minor child have died, but more often in situations where the parents are still living but are unable or unwilling to care for the child. This often occurs when the child is born to parents who are too young to handle the responsibility of parenthood or where parents have substance abuse problems and cannot provide proper care until they get their own lives under control.

Our office assists clients who are faced with these difficult situations in providing the necessary legal advice and services to obtain a guardianship.

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