Guardianship

Guardianship RosevilleIn an ideal world, a parent is responsible for supporting their child morally and financially, and making all relevant decisions in the child’s best interests, until he/she turns 18. Unfortunately, there are numerous instances where parents are deemed unfit to parent their child and are encouraged to relinquish the child’s care to a more capable individual. If you would like to assess your candidacy for guardianship in Roseville, CA, the law firm of Meissner, Joseph & Palley, Inc. is only one call away.

What is Guardianship?

A guardianship is a legal arrangement where the court appoints a guardian for a minor child whose parents are no longer able to provide a proper lifestyle, be it due to physical and/or mental disability or death. In most cases, a court-appointed guardian is a family member or friend – someone who is at least 18 years of age and with no prior felony or misdemeanor convictions. Unlike adoption, guardianship allows parents to retain their parental rights and request reasonable contact with the child.

In the State of California, there are two types of guardianships:

  1. Of the person – A guardian has the same set of rights as a parent, with full legal custody of the child. This entails ensuring that a child has proper access to food, shelter, clothing, education, healthcare, as well as physical and emotional safety.
  2. Of the estate – A guardian oversees the financial affairs of a child when he/she has inherited a substantial sum of money or property. This entails managing the money and/or property and making wise investment when appropriate.

Guardianship of Person and/or Estate

Depending on the individual situation, the court may appoint the same person for guardianship of both the person and the estate or different individuals for each one. It is critical to consult with a qualified attorney prior to filing an application with the court, as a guardian owes fiduciary duty to the child and hence all rules and regulations must be followed with precision.

If you would have been tasked with performing the duties of guardianship in Roseville, we welcome you to contact probate attorney John B. Palley today. Simply call 916-774-0560 or fill out our contact form below, and rest assured that the law firm of Meissner, Joseph & Palley, Inc. is here to help you provide the best possible life for the child in your care!

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