While most people strive to live as independently as possible, there are times when that’s not possible. At times, mental or physical incapacity may make it impossible for someone to make their own decisions regarding their health, well-being, and finances.
When this is the case, guardianships are legal tools to protect the best interests of minor children. These legal arrangements are court-ordered, meaning a judge makes them for medical, financial, legal, or personal reasons.
If you live in Calabasas, California, and need the help of guardianship lawyers, Hermance Law is here to help. We have a qualified Calabasas guardianship attorney on hand and offer a free consultation.
Reach out to us today, so we can help you understand all your legal options.
Guardianship refers to a situation in which a probate court appoints a guardian to protect the estate or assets of a minor. Family members and other loving adults usually step in to obtain guardianship to protect the child’s best interest. There are two types of guardianship in the state: guardian of the estate and guardian of the person. Guardianship of the estate is when a guardian is appointed in probate when a minor is the heir of significant assets or when proceeds from litigation are expected. This allows access to the assets before a minor’s 18th birthday, but only at the discretion of the court-appointed guardian. A guardianship can also be ordered for a person or non-monetary interests of a minor child. The court will order guardianship for a minor when the child’s parents cannot care for them due to death, mental health issues, or other legal and personal circumstances.
We understand that you love your kids and want to keep them safe. That’s why we created the Kids Safeguard System®.
The Kids Safeguard System® goes beyond the basic estate plan to ensure your minor children are always protected and that your wishes—and legacy—are documented, so you don’t have to worry.
The role of an adoptive parent and a guardian can sometimes overlap when caring for a minor. While there are differences, it’s important to remember that there are critical legal differences between guardianship and adoption. The most significant difference is that with legal guardianship, the child’s parents still maintain their parenting rights and can still be part of the child’s life through visitation rights. Unlike adoption, guardianship can be terminated through a court proceeding if the parent has completed court-ordered steps to regain custody. Another difference between adoption and guardianship is that the court oversees the guardian and ensures that person is not abusing their power.
An adoptive parent takes on the parenting responsibilities without constant court supervision. We know that as a parent, you never want to think about not being there for your child. That’s why at Hermance Law, we focus on ensuring children are taken care of properly with our Kid’s Safeguard System. This system allows you to legally document your guardianship wishes so that you are making the decisions for your children. If you need help planning the guardianship of your child or children, you can rest assured our law firm won’t miss a single important detail. Contact our firm today for a free consultation.
Learn about our estate planning process and what trust packages we have for our clients
At Hermance Law, we have experienced guardianship lawyers, and we pride ourselves on building a solid attorney-client relationship with every person who walks through our law firm doors in Calabasas or uses our virtual services. We want our clients to feel comfortable asking the big questions surrounding your guardianship issues and estate plan, so we can share our legal expertise and give you the answers you need, which, ultimately, gives you peace-of-mind. We offer flexible client scheduling and a family-friendly environment so you can make appointments with a guardianship attorney that works around your busy schedule without needing a babysitter for your child.
We’re here to help with your guardianship issues or any other estate legal issue you may have, so contact us today for a free consultation.
Our Calabasas office is located at:
26565 West Agoura Rd.,
Suite 200
Calabasas, CA 91302
No two families are the same, so no two estate plans will be.
To discuss your custom California estate plan strategy, contact us. Let’s chat. We assure you that you will be able to communicate openly with us in a no-cost consultation, whether in English, Spanish, or Korean.
Click below to schedule an appointment, or complete the form here. A member of our estate planning team will contact you!
Crista and her team are amazing. Rick and I had our Family Trust done. We had been talking about doing it for a couple years and it seemed daunting. Crista really helped by taking the time to explain everything instead of just saying…do this. We really appreciated her process. One big thing for us was how the appointments were laid out, so as not to waste time, yet spend the time needed to answer questions and get things done. Thank you to Crista and her team for making the process easy and for making us feel special for finally getting it completed!
We worked with Jun Shim. He’s fantastic. Helped us step by step figure out everything we need to feel good about how we leave things for those we care about. Love how Hermance Law offers great digital options too. Highly recommend!!
THE BEST! Crista Hermance and the Hermance Law team are simply great at what they do. As a fellow estate planning attorney, I have very high standards for others in my field- Crista and Hermance Law is one of the few firms I refer my clients and their families to without hesitation-if you need a knowledgeable, professional, caring advisor to guide you through the estate planning process, look no further – HIGHLY RECOMMEND!
Such a great firm! My husband and I got our family trust done and are so happy with the service and professionalism we received. They offer so many options for all your needs and budget. We feel very secure and protected now that we have this completed. Not only the attention to detail throughout the process make them great, but the follow up and constant contact make them amazing. While they specialize in families with small children, Hermance Law can assist with all your trust needs. I have already referred them to multiple families of all ages with rave reviews. Worth a consultation, worth following them on social media and the piece of mind you get is priceless!!
Attorney Jennifer Romero from Hermance Law walked us throughout the entire estate planning process answering our questions and providing guidance on the options we have available. Her support made it easier to understand California’s law regarding estate planning and minor children. I highly recommend this service to anyone who needs support with documentation of your wishes. Thank you Jennifer!
We are probate lawyers, but we are also parents. We have great resources on estate planning for parents, focusing on what parents can do to protect their children in emergencies.
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Courts will strongly consider the wishes of the child’s parents when making decisions concerning guardianship. While, ultimately, the court has the final say, allowing your wishes to be known and expressing them in depth will go a long way for your children.
In California, both guardians of the person and of the estate can be compensated from the child’s estate, making it all the more important to select a guardian that you trust to make the best decisions for your child’s future.
The guardian’s primary responsibility is to further the child’s best interests. Like a parent, the guardian has the right to make important decisions on the child’s behalf, like enrolling them in extracurricular activities and traveling with the child.
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