San Jose Probate & Estate Planning Lawyer
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 my
San Jose probate and estate planning attorney today to ensure that your child or incapacitated loved one will be cared
for by someone you trust!
Types of Guardianships
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.
Guardianship Attorney in San Jose, California
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.
I 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, or fill out a
free case evaluation via my website.