There are two types of California Guardianships. The first is a Guardianship over the Person, which may occur in two instances. One instance is when the parents of a minor elect to voluntarily allow a third person, usually a relative, to take the responsibility of raising their child. A second instance is when the parents are incapable of raising their child and a third party believes that it is in the child’s best interest to be raised by him or herself.

A guardianship may also be warranted when parents are deceased or the custodial parent passes away and the non-custodial parent is not willing or able to take care of the child. In this case an adult or family member may file for guardianship. It should be noted that a Will can also be used to nominate another adult or family member to be guardian in the event of death.

The second type of California Guardianship is Guardianship over the Estate of a minor. This usually occurs when a minor receives assets from a deceased person, either through a court procedure (probate) or the minor is a beneficiary of a life insurance policy. If a minor receives property, he/she must have an adult placed in charge of his/her property. Money allocated for a minor may be ordered into a blocked account by the court or distributed to the guardian based on proof that the money is needed for the child.

Legal Action Workshop will help to create a blocked account for a minor, but does not help with a Guardianship over the estate when it requires a bond.

When a guardianship is needed or wanted, it’s best to discuss the situation with one of our attorneys so that he/she can assess the situation and advise how to best proceed. We’re ready to help @ 1-800-HELP-444!

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