How Does Conservatorship of a Minor Work?

Who Can Become a Guardian?

Sometimes, the guardian is chosen by the parents, whether named in their will and testament or chosen from relatives. Children over the age of 12 can recommend a guardian. Under other circumstances, the court appoints a guardian for a minor.

When Is a Guardianship Necessary?

Courts will only take minors away from their parents under extenuating circumstances. One sad example is if both parents pass away, then a child is placed with a guardian who is responsible for that minor’s well-being.

If a child’s parents are alive but are unable to care for their offspring, then courts will form a guardianship. If parents are found guilty of severe familial abuse, are out of the state due to serving prison sentences or military service, or are otherwise incapacitated, then someone else will become the child’s guardian.

How Do You Become a Minor’s Guardian?

There are a few steps for applying for guardianship in the state of California. First, you have to file a petition for guardianship that includes information about why you would be a competent guardian and why the minor needs a guardian who is not their biological parents.

After you file your paperwork with the court clerk, you must give notice to the child, living relatives, and relevant agencies that you are filing for guardianship. To supplement your application, you need proof of services forms and signed consent forms from relevant parties who agree you should take on the care of the child.

The process ends with an official court investigation and hearing. It is a long, complicated journey with many steps, so you shouldn’t file alone. Always get a lawyer to help when filing for guardianship.

What Are a Guardian’s Responsibilities?

There are two types of guardianships in the state of California, guardianship of the person and guardianship of the estate.

When you get a guardianship of the person over a child, you are responsible for that child’s well-being in the same way that the parents would be. You provide the child with food, clothing, shelter, emotional support, medical care, and education. You can supervise and set visitation terms with any living family members.

A guardianship of the estate means that you only manage a child’s finances. Someone else acts as the legal guardian and primary benefactor. The responsibilities of a guardianship of the estate include managing bank accounts, income, cards, investments, and property held in the child’s name. Usually, these guardianships are only established for children who inherit substantial wealth before they turn 18.

Conservatorships for Children in California

A guardianship, or conservatorship of a minor, in California is only established if extenuating circumstances prevent both parents from caring for the child properly. A guardian can have the full responsibilities of a parent, or just manage the child’s finances in a guardianship of the estate.

The process of establishing a guardianship is difficult and even one error in paperwork can set you back weeks. Get help from the experts at WGS Law. Schedule a virtual consultation via Zoom today for expert legal advice on your situation.