Anaheim has a reputation for being a great city to raise children, with an above-average school system. Beyond educational opportunities, however, parents have many other decisions to make for the well-being of their children.
Parents must decide who will care for their children if they can no longer. While it is a difficult conversation, choosing a guardian for minor children is one of the most important aspects of estate planning for parents.
An Anaheim guardianship lawyer could help you understand the process. Call today to speak with a skilled estate planning attorney.
What Is Guardianship, and Who Can Become a Child’s Guardian?
Guardianship refers to a person’s legal right to take custody of someone else’s child and exercise authority over that child’s property. Guardianship over a child carries full physical and legal custody and the right to make decisions on their behalf.
The court must appoint a guardian, and those who are eligible for this responsibility are adults who have the ability to provide the child with a safe and stable environment. Some of the reasons guardianship would be given to a third party include the following:
- Neither parent is physically or mentally able to care for the child
- One or both parents are deployed overseas
- One or both parents are incarcerated, abuse drugs or alcohol, or are in a long-term rehabilitation program
Some of the legal responsibilities of a guardian include providing food, clothing, and shelter, ensuring that the child is receiving an education, making healthcare and religious decisions for the child, and being legally responsible for the child’s negligence.
If a child has been left with high-valued assets, the court can appoint a guardian to handle those assets and the child’s financial matters until the child reaches the age of majority. The courts can also appoint a guardian for an adult who is incapacitated and unable to care for themselves. An Anaheim guardianship attorney could explain this process in more detail during an initial consultation.
How Can a Lawyer Help with Guardianship?
If a parent dies while their child is a minor and they have not included a named guardian in their estate planning documents, the court will appoint a guardian based on what it believes is the best interests of the child. This may or may not be what the parent would have chosen.
In most cases, the court will place the child with a family member or family friend. However, if none are available to take guardianship, the child risks becoming a ward of the state.
A guardianship lawyer in Anaheim could help individuals going through the estate planning process document their wishes for their child’s guardianship. Additionally, if a parent has passed away without naming a guardian, a legal professional could help family members or friends who wish to gain guardianship petition the court and seek to be appointed.
Speak With an Anaheim Guardianship Attorney From Amity Law Group
Determining who will raise your child if you are unable to is an enormous and often emotionally-charged decision. Getting the documents in place to ensure your wishes as a parent are known or seeking guardianship are complex situations involving formal court processes.
The legal team at Amity Law Group could help you understand the guardianship process and provide services to assist you with your unique circumstances. Contact us today to meet with an Anaheim guardianship lawyer.
