Guardianship Attorney in Santa Clarita, CA
A guardianship gives a non-parent legal authority and responsibility for a minor child, when the child’s parents are unable to care for them — due to death, incapacity, or other circumstances. California distinguishes guardianship of the PERSON (day-to-day care and decisions) from guardianship of the ESTATE (managing the child’s property or assets), and a guardian may be appointed for one or both.
Key Points
- Requires a court petition and, generally, court approval before the guardianship is legally in effect
- Naming a preferred guardian in your own estate plan (a will) guides the court, though the court makes the final decision in the child’s best interest
- Guardianship of the estate involves court oversight of how the child’s assets are managed
- Can be temporary or general, depending on the circumstances
Considerations
- Guardianship ends automatically when the child turns 18, unlike some other protective arrangements
- Relatives are often, but not always, prioritized by courts — the standard is the child’s best interest
- If you’re naming a guardian in your own estate plan, it’s worth discussing the choice directly with the person you’re naming beforehand
California Law Note
California Probate Code governs guardianship of the estate, while Family Code and Probate Code provisions both touch guardianship of the person depending on the circumstances — which one applies affects the specific procedure.
Related Questions
What happens at a free consultation?
We’ll talk through your family situation, your assets, and what you’re trying to accomplish — avoiding probate, providing for minor children, protecting a beneficiary, planning for incapacity, or something else. From there, we’ll explain which documents and strategies fit your situation and what the process and cost would look like. There’s no obligation to move forward afterward.
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