Guardianship Services in Sacramento
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Frequently asked questions
What is a legal guardianship?
Guardianship is a legal arrangement between a court-appointed adult and a minor that grants the adult the right to make decisions on behalf of the child. The guardian is accountable for the child’s physical, emotional, and financial well-being. The guardian is also responsible for making decisions about the child’s education, medical care, and relevant life decisions.
What is the difference between a guardianship and a conservatorship?
When caring for a minor or an incapacitated adult, guardianship and conservatorship can be used to ensure that a vulnerable individual is taken care of. Both are legally binding and must be approved by a court. The difference between the two lies in their purpose and age requirements.
Guardianship is used to appoint someone to act in the best interests of a minor that does not have a parent who can make decisions on their behalf. As such, a guardian is usually appointed when the protected person is under 18 years of age.
A conservatorship is used to appoint someone to handle the financial, legal, and medical affairs of an adult affected by a physical or mental incapacity. Hence, a conservatorship attorney in Sacramento will request it when the protected individual is over 18 years of age.
When is a guardianship appropriate?
There are various reasons why a guardianship might be necessary for a minor. In some cases, a minor’s parents might be unable to care for the minor due to death, illness, or incarceration. In other cases, a minor might be homeless or living in a dangerous situation, and the court might determine that a guardianship is necessary to ensure their well-being.
When a guardianship is necessary, it is vital to understand the process and the legal implications involved. The court will appoint a guardian, who will be responsible for managing the minor’s affairs and providing day-to-day care.
Who can be appointed a legal guardian?
The process of appointing a legal guardian begins with a petition through a court filing service. This petition is usually filed by a relative, who must provide evidence as to why the guardianship is necessary.
In most cases, the court will appoint a family member to serve as the legal guardian. This may be a grandparent, uncle, sibling, or another close relative. If a family member cannot help, the court may appoint a professional guardian. Professional guardians are typically social workers with experience in dealing with the needs of vulnerable individuals. On rare occasions, the court may assign a joint guardianship, meaning that two people are responsible for the minor’s care.
To be appointed a legal guardian, the person must meet specific criteria. These may include being over the age of 18, possessing a sound mind, having no criminal record, and maintaining the financial means to care for the child. The court will also consider the guardian’s relationship with the minor and their ability to provide a nurturing environment.
What responsibilities does a guardian have?
Legal guardians have a wide range of responsibilities, from providing basic needs such as food, shelter, and clothing, to more complex tasks such as making decisions on behalf of the child in their care. They must ensure that the minor has access to appropriate medical treatment, education, and other essential services. It is also the responsibility of a guardian to ensure that the child is protected from exploitation, abuse, or neglect.
It is crucial for legal guardians to understand their role and to take it seriously. They are expected to respect the wishes and opinions of the person in their care, and promote their independence. They should always act in the best interests of the minor to ensure their rights are protected. Guardians should strive to create an environment of safety, security, and trust.
When does a guardianship end?
Usually, guardianships are temporary and will terminate when the minor turns 18. However, if the guardian believes the child still needs protection, the guardianship may be extended. In this case, the guardian must provide evidence to the court and justify that the protected person still requires a guardian.