Guardianship Attorney in La Jolla
Establishing Legal Guardianship to Protect Your Child
Guardianship of a minor child may become necessary when parents pass away or become unable to properly care for the child’s health and safety. When a situation in your family requires you to take legal action, you need an experienced attorney to guide you through the process. At Dan McCandless Law, APC, our La Jolla guardianship lawyer is a seasoned legal advocate with extensive knowledge of California law.
For more information about our services and to schedule a consultation, please call (858) 266-9171.
Types of Guardianship
California law recognizes two types of guardianship: guardianship of the person and guardianship of the estate. In guardianship of the person, the guardian has the same legal rights and responsibilities as a child’s natural parent. This includes both legal and physical custody and all decision making responsibility for the child.
The guardian is responsible for the child’s:
- Daily care
- Food, clothing, and safety
- Physical and emotional growth
- Medical and dental care
In guardianship of the estate, the guardian is responsible managing the child’s property and assets. This is generally necessary when a minor has inherited property, investments, or assets that are worth more than $5,000. The guardian will manage the money or assets until the child reaches 18 years of age. The court may appoint a surviving parent or another family member, if both parents are deceased or unable to manage the estate.
How Is California Guardianship Established?
When the natural parents are deceased, incapacitated, or otherwise unable to care for their children, appointing a guardian may become necessary. The court may appoint one person as both guardian of the child and the estate or two different people.
If you are interested in becoming a guardian for a minor child or incapacitated adult, there are certain steps that must be followed:
- Completing the required forms
- Filing the paperwork
- Providing notice to relatives and other agencies
- Securing the required signatures
- Appearing at a hearing
The process of becoming a guardian can be complex and confusing to navigate on your own. Hiring experienced legal representation can be helpful when applying to become a guardian. Our La Jolla guardianship attorney is knowledgeable in California’s guardianship laws and familiar with the complexities of establishing guardianship.
An Attorney with the Right Experience
In addition to extensive legal knowledge, our La Jolla guardianship lawyer has a unique background in finance. For seven years prior to attending law school, he worked in the financial industry for PricewaterhouseCoopers. This background is helpful when advising clients about financial matters related to guardianship.
We encourage you to schedule a consultation to get advice that is specific to your situation and get answers to your questions about the process of establishing guardianship in California.