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 Irvine, California, and need the help of guardianship lawyers, Hermance Law is here to help. We have qualified Irvine guardianship attorneys on hand and offer a free consultation.
Reach out to us today, so we can help you understand all your legal options.
Guardianship in California
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.
Kids Safeguard System®
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.
Guardianship Vs. Adoption in California
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
Experienced Guardianship Attorneys
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 Irvine 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 Irvine office is located at:
15615 Alton Parkway,
Irvine, CA 92618