The concept of a guardianship is often either fraught with confusion and or misunderstanding or considered in only the very narrow scope of a guardianship over a child after the child’s parent pass away or are otherwise unable to care for the child. However, the guardianship can be used for an array of purposes to ensure that the affairs of another who is incapable of managing their own affairs are carried out in a responsible, prudent, and protective manner. Applying for a guardianship over either a person or an estate carries significant responsibilities and legal requirements. Individuals who wish to establish a guardianship must be able to make and establish certain factual and legal showings before a court will grant the guardianship.
Robert Hoffman is a California-based estate planning lawyer who is proud to assist Californians with an array of estate planning and guardianship needs and goals. Mr. Hoffman can provide sound guidance on issues of this type and a step-by-step description of the process and what the individual should expect. To schedule a free and confidential guardianship consultation at the Hoffman Law Offices call 800-897-3915 today or contact us online.
Why Are Guardianships Set-up for Children?
A guardianship is a legal process that establishes an adult as the legally responsible party for a child. An adult is typically established as a guardian of a child when he or is not the parent and the parents are unable to care for the child due to death or personal problems that make them unfit to hold this responsibility. Once established as a guardian, the adult will have full legal and physical custody of the child. The means the adult will be responsible for making all decisions regarding the child’s safety, well-being, medical care, education, mental health, and all other needs.
Depending on the circumstances, alternatives to guardianships may be available. Consider for instance when the parents cannot care for a child, but do not present a danger to the child. In these circumstances, a Power of Attorney for a Minor Child may be appropriate. However, it is important to note that the power of attorney can be canceled at any time. Furthermore, there are common issues with health insurance related to the lack of a Guardianship. In other circumstances where the child will remain in California, a caregiver’s affidavit may provide similar benefits. However, this affidavit is also subject to cancellation and should be carefully considered before a decision is made regarding its sufficiency.
Why Are Guardianships Set-up for Estates?
Aside from managing the personal affairs of the child, a guardian is also called upon to manage the financial affairs of the child. That is the child’s estate. A legally appointed guardian of an estate is responsible for managing the child’s income and other assets. Furthermore, if the child inherits assets or property after the passing of his or her parents, the guardian will also administer the inheritance. The guardian must carefully manage and protect this property.
What Is a Conservatorship for an Adult?
While in some states guardianships are available for both children and adults, in California the legal process and concept that can give a person control over another adult personal and financial affairs in known as a conservatorship. Conservatorships are not established by a court lightly or hastily and are typically approved in cases where the adult is mentally or physically unable to handle his or her affairs and seek and receive assistance in doing so. Typically people in this position are particularly vulnerable to financial predators who may seek to take advantage of their incapacity. Under California law, there are generally two types of conservatorships: probate conservatorships and Lanterman-Petris-Short Act conservatorships (LPS Conservatorships).
California Estate Planning Attorney Assists with Conservatorships and Guardianships
Robert Hoffman is a strategic and compassionate estate planning lawyer who assists individuals and families with conservatorships and guardianships. Mr. Hoffman always listens and takes the time to understand your needs and concerns. He will present all legal options that are likely to address your foreseeable concerns. To schedule a free, confidential, and no-obligation legal consultation at the Hoffman Law Offices, call the firm at (800) 897-3915 or contact us online today.