Guardianship


A guardianship of the person is sometimes needed when, no matter how much parents love their child, they are not able to parent.

A guardianship of the estate is sometimes needed when the child receives or is entitled to receieve funds from and inhertiance, and/or as the result of a legal damages award.

In California, when the court gives care of a child under the age of 18, or the child’s property, or both, to an adult caregiver, this is called a legal Guardianship. The Guardian then has the authority to make decisions for the young child that a parent would normally make. The Guardian also assumes certain duties and obligations regarding the child’s care and control.

Probate notes are not available for Guardianships.

The guardian is responsible for the child’s care, including the child’s:

  • Food, clothing and shelter
  • Safety and protection
  • Physical and emotional growth
  • Medical and dental care
  • Education and any special needs

The guardian is also responsible for supervision of the child and may be liable for any intentional damage the child may cause.

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