Guardianship Attorney in Beverly Hills, CA

Before pursuing guardianship, families must become familiar with legal requirements and procedures. A Beverly Hills guardianship lawyer can explain the different types of guardianships available, the court process, and the duties of guardians. Guardianships are an important legal tool for protecting children or incapacitated adults when they are unable to care for themselves.

Understanding Guardianship in California

Guardianship is a legal relationship created by a court in which a person, the guardian, is given responsibility for the care and control of another person, the ward. In California, guardianships are most commonly for children, but adult guardianships are also available. A Beverly Hills Family Lawyer can help guide families through the legal process and requirements involved. Unlike adoption, guardianship does not end the legal rights of the parents. A guardianship is a temporary arrangement that can be ended or changed by the court. Some common guardianships include:

• Guardianship of the person. With this form of guardianship, a guardian has the right to decide on the child’s schooling, health care, housing, and day-to-day well-being. The guardian is there in place of the parent to ensure that the child’s needs are being met daily.
• Guardianship of the estate. Occasionally, children may inherit money, real estate, or other property. When a child is left a substantial sum of money or property, the court may appoint a guardian of the estate to manage that property until the child reaches age 18. A Beverly Hills Child Custody Lawyer or Beverly Hills Child Support Lawyer can provide valuable guidance in such situations, helping families understand their rights and responsibilities. The guardian must be accountable to the court for the funds to ensure that they are being protected.

Parental rights are not terminated with a guardianship. Parents may still have some obligations to the child, such as financial support. Guardianship can sometimes be ended later by petition to the court, if the parents’ circumstances improve. The adoption process establishes a lifelong legal relationship between adoptive parents and the child, which terminates original parental ties. A Beverly Hills Adoption Lawyer can assist families in navigating this important legal process.

Adult Guardianships

Guardianships are typically established for minors. However, under California guardianship laws, adults can also be placed under guardianships, also known as conservatorships, when they become incapacitated and unable to make responsible decisions regarding their personal care or finances. Some examples of adults who may require a conservatorship include:

• Adults who have substantial disabilities.
• Those who are vulnerable to financial exploitation.
• Elderly individuals, especially those with Alzheimer’s or dementia.

The court may appoint a guardian or conservator to make medical decisions and to manage housing and finances for the adult. Continuing court supervision ensures that adult guardianship arrangements remain beneficial to the adult.

The Guardianship Process

Setting up a guardianship is a legal process in Beverly Hills, CA. From 2023 to 2024, there were 20,736 conservatorship and guardianship filings in California. 5,954 of these were in Los Angeles County. There were 14,762 dispositions, with 5,277 of them being in Los Angeles County. Generally, this process proceeds as such:

• Filing a petition. One person files a petition with the court and gives relevant details regarding the child and the guardian. They may also include reasons for requesting guardianship.
• Investigation by the court. During the investigation, the requested guardian will likely be interviewed by an investigator. They may also interview the child and their parent(s). The investigator’s findings are then given to the judge to help make a decision.
• Judge hearing. The judge reviews all information, including the petition itself and the investigator’s report. If there are any objections, the judge will hear them as well.
• Oversight by the court. If the guardianship is approved, the court will continue to monitor the guardianship to ensure that it is still in the child’s best interests.

Guardianships can be changed or ended by the court. They can also continue into adulthood, depending on the circumstances. A Beverly Hills guardianship attorney can help you through this process.

About Benefield Faulk Law – Family Law Trial Advocates P.C.

Tamara Shari Benefield is a graduate of Loyola Law School and a nationally recognized family law attorney with more than 15 years of experience handling guardianship cases. As a former law professor and award-winning litigator, Ms. Benefield uses both intellectual precision and empathy toward families who encounter severe life challenges.

Since 2004, Benefield Faulk Law – Family Law Trial Advocates P.C. has been helping families with complicated family law matters, including guardianships. The firm has two locations in Beverly Hills and Culver City, California, and is familiar with the Stanley Mosk Courthouse, where many of these types of cases take place.

FAQs

How Much Does It Cost to Get Legal Guardianship in California?

Establishing legal guardianship in California can range in cost based on case complexity. Families can anticipate fees for court filings, mandatory investigations, and possible background checks. Additional expenses may be involved in contested cases with hearings and court appearances. Although there are some resources to help with fees, guardianship is typically a formal process with associated costs.

Can Guardianship Be Terminated in California?

Yes, guardianship can be terminated by the court if the court determines that continuation of the guardianship is not in the best interest of the child or adult, or if it is no longer necessary. The parents, for example, may ask the court to terminate guardianship if they can show that they are again capable of properly caring for the child.

What Are the Two Types of Guardianship in California?

Guardianships in California are typically classified into two main types. Guardianship of the person gives the guardian the right to make decisions regarding a child’s daily life, health, education, and general welfare. Guardianship of the estate gives the guardian the right to control a child’s finances, property, or inheritance. In some cases, a guardian may be approved for both types.

How Long Does the Guardianship Process Take in California?

The time it takes to establish a guardianship can vary widely depending on the court’s workload, whether the petition is contested, and the speed of required investigations.

Straightforward cases may proceed relatively quickly, but those involving objections or additional evidence can take longer. As guardianships are court-supervised arrangements, the process is designed to carefully review and ensure that the guardianship is in the best interests of the child or adult.

Hire a Guardianship Lawyer at Benefield Faulk Law – Family Law Trial Advocates P.C. Today

Guardianships are important when an adult or child needs protection. If you are considering this option, hire a guardianship lawyer today. Benefield Faulk Law – Family Law Trial Advocates P.C. can help. Contact us today for more information.