A guardianship is when a person legally receives the power to make decisions for a child or incapacitated adult, or the power to manage a child’s assets. The reasons someone needs a guardianship vary, but usually it is because parents cannot provide care for the child or an adult can no longer care for themself. Guardianships involve complex legal processes that an experienced Riverside guardianships lawyer at the Law Offices of Michelanne Hrubic can help you navigate. If your situation also touches broader family issues, a trusted Riverside family law attorney can coordinate a comprehensive plan. If your situation also touches broader family issues, a trusted Riverside family law attorney can coordinate a comprehensive plan.
In California, there are two forms of guardianship: guardianship of the person and guardianship of an estate. With guardianship of a person, the guardian looks out for the person’s well-being. With guardianship of an estate, the guardian manages the person’s property and finances. If a child’s assets are not of a certain value, you may only need to obtain guardianship of the person.
Guardianship procedures can become complicated. There are situations where having an attorney on your side is necessary. There is also a lot of paperwork.
Most guardianship cases in Riverside go to the Riverside County Probate Court, located at 4050 Main Street, Riverside, CA, but if a child is a dependent or ward of the Juvenile Court, the case falls under the Riverside Juvenile Court at 9991 County Farm Road, Riverside, CA. If you are trying to obtain guardianship, a knowledgeable attorney can provide guidance and, where children’s living arrangements are in dispute, work alongside an experienced Riverside child custody lawyer .
The team at the Law Offices of Michelanne Hrubic has experience working on many guardianship cases, and we can help you work out the details of yours. We have a proven track record of compassionate representation.
From providing guidance on the type of guardianship you need to presenting evidence and coordinating the input of medical providers, we are prepared to help you establish or challenge a guardianship. We can also take care of court filings and legal documentation while protecting your rights.
A guardianship is a legal process where the court appoints a guardian to make decisions for someone who cannot make decisions themselves, such as a child or an incapacitated adult. This allows the guardian to take care of the person when traditional living situations are not ideal or possible. Questions about custody standards often begin with how decisions are made in California courts, including how child custody is determined in California.
In the United States, approximately 3.7 million children, or 1 in 20, live without a parent as their primary caregiver. Many clients reach out to a Riverside guardianship lawyer because a child’s parents can no longer provide care due to:
A legal guardianship can provide essential protection for a child and protect the guardian’s rights. It can also protect adults who cannot care for themselves due to:
When rights and responsibilities overlap with parenting roles, families often benefit from a clear overview of what are the parental rights in California family law.
When you become someone’s guardian, you become responsible for their well-being. If you are the guardian of a child, that includes everything from food to housing to school. Adult guardianships are similar. In general, guardians are responsible for:
Although adult guardianships differ from child guardianships, a legal guardian has the same kinds of responsibilities for an incapacitated adult. With adults, guardians should identify and honor preferences whenever possible and act in the least restrictive way when it comes to housing.
Guardianships are sometimes confused with conservatorships. While a guardianship allows you to oversee the care of a person with decisions such as medical care and housing, a conservatorship is more limited. Generally, conservatorships only grant the authority to make financial decisions, and they are for adults.
Guardianship cases can be complex. This is especially true if there is contention between the parents and guardians of a child. There are many legal requirements that you must meet, and there is a high potential for disputes to arise during the process. A Riverside guardianships attorney can protect your rights and prepare any required documents. They can also help with dispute resolution if necessary. Parents weighing time-sharing expectations often ask whether equal time is typical, and questions about California’s 50/50 custody rules frequently arise during these discussions. Understanding how the courts approach custody can provide helpful insight into what families may expect.
When you hire a guardianship lawyer, the costs can vary depending on your individual situation. The complexity of your case will determine how much work an attorney needs to do. For example, if you are facing an uncontested guardianship, the legal process will be much shorter than if you are facing a dispute with parents.
The state of California does not require you to have an attorney for guardianship, but having one can make a big difference in the outcome of your case. An attorney can help you file the necessary documentation and protect your rights. When you represent yourself, you may not have access to the same kind of knowledge and resources that lawyers do.
Guardianships are serious legal interventions that involve a significant time commitment and financial costs for the care of another person. For children, guardianships differ from adoption. Unlike guardianships, adoption is permanent, whereas guardianships are temporary legal arrangements. Whether or not a guardianship is the right option for you depends on your individual situation.
A guardianship has more authority than a power of attorney. According to guardianship law, a guardian has the authority to make most life decisions for someone who cannot make them for themselves. Power of attorney is voluntary, and the individual creates it while they are mentally competent. With guardianships, the court decides to grant the authority to guardians.
At the Law Offices of Michelanne Hrubic, we have extensive experience working on complex guardianship cases. We can look closely at your situation and figure out the legal strategy most suitable for you to obtain a guardianship. Not only can our Riverside guardianships attorney give your case the one-on-one attention it deserves, but we can also do everything in our power to protect your rights.
Guardianships can involve a lot of complicated documentation and requirements, but do not let it overwhelm or deter you. Talk to an experienced guardianship attorney at our law firm today.
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