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Estate Planning

Guardianship Lawyers in California

Helping Clients Resolve Family Law Issues Effectively

If there is someone in your life who cannot make decisions about their finances, housing, or education on their own, becoming a guardian is an excellent way to protect them and their assets. By becoming their legal guardian, you can make decisions about someone else’s property, healthcare, or personal affairs. In many cases, guardianship is sought after a child’s parents cannot care for them anymore, whether due to death, illness, or other reasons.

While becoming a guardian is a noble endeavor, going through the guardianship process can be long and requires a legal background. If you would like to look into guardianship or become a guardian of a loved one, our team at The Singh Law Firm can help you. We have years of experience representing clients who wish to obtain guardianship, so we can walk you through the entire legal process. For a free consultation, call our office today at 510-901-5375.

What Does a Guardian Do?

Before going through the guardianship process, it’s important to understand what a guardian does and what their duties are. A guardianship is similar to a parent-child relationship. Guardians are responsible for the well-being of their wards, and they must provide them with food, shelter, and education. Guardians have the final say in any decisions about the wards’ personal affairs, healthcare needs, and assets. If the ward is able to, they can have an input into these decisions, but the final decision is up to the guardians themselves.

If you are assigned guardianship, the judge will sign an order detailing your specific powers and duties. In most cases, you can decide where the ward lives and what medical procedures they can and cannot get. Many guardians are required to file an annual report about their ward, stating where they live and what services they are receiving. If a guardian wishes to pay themselves from the ward’s assets, they must get written permission from the court before doing so. If the guardianship is no longer needed, the guardian or the ward can petition the court to revoke guardianship at any time.

How is a Guardian Appointed?

The first step to becoming a guardian is filing a petition with the court. Anyone interested in a child’s well-being can file for guardianship, including family members, friends, community members, or healthcare professionals. After the petition is filed, the minor’s parents will receive notice about the petition from the court. A court visitor will be assigned to evaluate the guardianship proposal and whether or not it is in the child’s best interest. If there are any objections to the guardianship arrangement, typically from the child’s parents, the individual can file an objection with the court. Similarly, if the court visitor disagrees with the guardianship arrangement, they can also file their objection with the court.

If there are objections, a hearing will likely be held where you can state the importance of the arrangement with the help of a guardianship attorney on our team. During the hearing, the judge will decide whether the individual requires guardianship and whether it is in their best interest. If a judge determines that an individual does require a guardian, they will sign an order appointing you as the person’s guardian. The ward is now called a protected person, and as their guardian, you are responsible for their well-being and basic needs.

Can a Guardian be Appointed for an Adult?

Guardianship is most often used to assign responsibility for a minor child. However, there are some circumstances where a judge would assign guardianship to an adult. If an individual cannot manage their own affairs or make decisions on their own behalf, a judge may find them in need of guardianship. In many instances, this is because of mental illness, disease, injury, or disabilities. You must present evidence of this incapacitation to the court before a judge can decide whether to assign guardianship. It is important to note that poor judgment or a lack of common sense is not reason enough to assign a guardian to an adult.

Are There Alternatives to Guardianship?

Guardianship can be a long process, and many individuals are concerned about the welfare of a child right now. If you don’t want to wait for guardianship, there are other options you may be able to pursue. Contact our office if you’d like to learn more about any of these alternatives.

Below are some of the options available:

Do I Need a Guardianship Lawyer?

If you care about a loved one and wish to oversee their financial affairs and well-being, seeking guardianship is an excellent route. Unfortunately, the guardianship process can be long and complex, especially without prior legal knowledge. Our team at The Singh Law Firm has the experience and legal background to walk you through the guardianship process and ensure everything goes smoothly. If you would like to learn more about our services and how we can help you, call our office today at 510-901-5375.

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Guardianship Attorney Serving Fremont

In setting up legal guardianship for your loved one, it is important to have an attorney you can trust. We know that putting the welfare of your loved one in the hands of someone else can be difficult, and at The Singh Law Firm we offer free consultations.

We will explain thoroughly the process of guardianship and all it entails before you sign anything. We are dedicated to helping our clients with their estate planning needs, including guardianship, and all other important matters. We want to help you protect your loved ones; a guardianship may be part of the process, and we can help.