San Marcos Guardianship Attorney
Also helping clients in Oceanside, Vista, Escondido, and Carlsbad
A guardian manages a minor’s estate or person. California law recognizes two distinct categories of guardianship:
- The court grants a person (guardian) the authority to make decisions regarding a minor’s wellbeing, medical care, etc.; and/or
- The guardian oversees the minor’s estate, managing and controlling the minor’s finances.
One can institute either type of proceeding as is appropriate; however, it is common to petition for both authorities at the same time.
Or example, consider the situation of a 10 year old who loses both parents in an accident and gains access to their life insurance proceeds. A guardian of the minor would need to be appointed to make decisions regarding her living arrangements, schooling and healthcare. Likewise, a guardian of the estate would also need to be appointed to manage the life insurance proceeds until the minor reaches the age of 18.
One person could occupy both guardianship roles or two separate persons can be appointed, depending upon the circumstances.
Establishing a guardianship can be complex business. The guardian will need to report to the court, assume rights and responsibilities for the minor and stay engaged for years — or even decades — with the person’s life.
How Guardianship Works
The nature of the guardianship will depend on the minor’s limits, capacities and needs. In some cases, the minor might be able to do certain things by himself or herself (such as pay bills, wash clothing, eat). In other cases, the person may be so young or ill or psychologically damaged from past abuse that more complete care is needed. Depending on the arrangement, the guardian can handle an array of responsibilities including:
- Decisions about finances (e.g. paying bills, debts, trading property and selling assets);
- Providing medical care;
- Taking care of living arrangements and travel needs;
- Helping the person manage day to day business and personal affairs (e.g. getting dressed, making food, and bathing)
- Making decisions about the person’s counseling or educational needs;
- Writing out a will for the person.
When Is Guardianship Indicated?
A minor might be at serious risk of harm if he or she loses his or her parents or otherwise cannot access housing, safety, and good nutrition. Guardianship can also be a useful remedy if a child has been subject to domestic abuse.
Help with Every Aspect of Guardianship
For help establishing a guardianship, dealing with the legal, logistical and emotional hurdles that are part and parcel of the relationship, and managing surprising opportunities and/or challenges that emerge as the relationship takes shape, connect with the compassionate, skilled team at the Law Office of Darius Khayat. Especially if you face substantial financial issues, you need sensitive, empathetic counsel to work through the issues. Connect with us now to meet your needs and protect your rights.
The Law Office of Darius Khayat serves San Marcos as well as surrounding communities, including Carlsbad, Vista, Escondido, and Oceanside. Call us now: 760-591-0245.