20 January 2014 0 Comments

Is Guardianship Permanent?

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Permanent guardianship is when a relationship between a child and his or her guardian is permanent and self-sustaining – creating a permanent family for the child.

In order for permanent guardianship to come into play, the parental rights of a child’s parents need not be terminated. In addition, permanent guardianship generally cannot be terminated and is designed for children who have been in state custody.

Child guardianship laws in California are primarily used to place the child in the care of a trusted adult when the parents are unable to properly care for him or her or if they have died.

The law provides for the guardianship of the child and the estate of the child. The court may appoint one adult to handle both or two adults to handle each.

Guardianship of the person (or child) – The probate court appoints an adult who lives with the child, other than the parents, who has sole legal authority to make the decisions necessary for the child’s care and day-to-day needs, medical care and education, and can provide a healthy and safe living environment.

In addition, the guardian must keep the court informed of the child’s current residence and cannot move him or her out of the state without court approval. If the parents are alive, the guardian must allow reasonable visitation between the child and parents.

Guardianship of the estate – Typically, the child has no assets; thus, the guardian has nothing to care for regarding the child’s estate. However, when the parents have died and have left an inheritance, the court must determine who is best to manage the child’s estate. In some cases, the ideal person to raise the child may not be the best person to manage the estate.

The court has the power to make a guardianship last indefinitely. It will continue until terminated by a court order. Examples include if a person was incapacitated and is no longer or if a minor has reached the age of 18 years old.

The issues involved in guardianship are serious, highly involved and complicated. The welfare of children involved can be at risk, At the family law offices of Holstrom, Sissung, Marks & Anderson,we understand the emotional trauma, and aggressively represent our clients, with one goal in mind to ensure the best interest, and the well being of the child is the end result, we can represent you whether you are the alleged incapacitated person, the person seeking guardianship or the newly appointed guardian.

To find out how we can help you, contact us online, by phone or at one of our conveniently located offices in Orange, Riverside or San Bernardino Counties.

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