GUARDIANSHIPS

A guardianship is a protective court proceeding offered in California to save or “guard” a child (minor) from harm.  The court system refers to such persons often as “wards” or “minors.”  A general guardianship requires a noticed hearing and personal service on required persons.  A court investigator is appointed to look into things and investigate the allegations made.  A court appointed attorney is often selected by the court for the minor.  There are options for expedited hearings for temporary guardianships that allow for immediate but temporary relief when there is appropriate cause.  Guardianships involve minors only.  In situations where a minor is unable to provide for his/her own personal needs or financial needs and turns 18, then a conservatorship would be necessary.

In California, guardianships are comprised of the “person,” “estate,” or both person and estate.  Generally speaking, to become a guardian of a minor’s “person,” findings must be made about that individual’s inability to make provisions for the individual’s food, clothing, shelter, or medical needs by a parent(s) or whomever is the current guardian of the minor.   To become guardian of a minor’s finances, there generally must be money involved that belongs to the minor and allegations that the parent or person in charge of the minor is unable to properly manage the funds for the minor.

When a minor turns 18 then the guardian must petition to terminate proceedings and provide all proper notice to all who are required notice by law.

The Demiris Law Firm, P.C. has capable attorneys who are experienced in handling guardianships from start to finish, including litigated matters that go to trial.