If a minor child’s parents or incapacitated loved one’s legal caregiver passes away or becomes incapacitated, a guardian is needed to care for the child or individual. The court will often choose the individual the parents or person named in their will to care for their loved one. However, if the parents or a caregiver did not name a person to care for their loved ones in their will, the court will be forced to choose a guardian on their behalf. Becoming a guardian for a person or child is not the same as adopting them.
In a guardianship, the court maintains supervision over the guardian for as long as they deem necessary. When a person or parents adopt a child, they are not supervised by the court, and the legal relationship between the adoptive parents and child is permanent. I am able to help parents and legal caregivers elect a guardian for their loved ones by amending or creating a new will.
Please contact the San Jose probate and estate planning attorneys at Henshaw & Henry, PC today to ensure that your child or incapacitated loved one will be cared for by someone you trust!
There are two types of guardianships: guardianship of a person; and guardianship of an estate. When an individual is elected guardian of a person, they are in charge of the person’s care, safety, medical issues, and education. Guardians of a person have the same legal responsibilities to care for the child or individual as a parent or caregiver would.
A guardian can be a family member, friend, or other person who is found suitable by the parents or caregiver. A guardian of an estate is a person who is elected to solely care for an incapacitated person or minor child’s estate. They must manage the person or child’s income, money, or property until the court ends the guardianship. An estate guardianship may also be revoked when a child turns 18.
Searching for a lawyer to assist you with a guardianship proceeding in San Jose? If you do not want the court to choose someone to care for your loved one in the event that you become unable to do so, please contact me.
We can help you elect a person who is financially, mentally, and physically capable of caring for your children or incapacitated loved one, and add them to your estate plan. Please schedule an appointment today to review your guardianships needs, and how we can assist you and your loved ones.