• It’s Never Too Early to Have a Plan

    A properly drafted estate plan can bring peace of mind for you and your family.

    Start Your Plan
  • Navigating the Probate Process

    Let me help guide you through the often complicated legalities of the probate process.

    Get Help
  • Know Who’s
    On Your Side

    I have a passion for what I do and understand how this area of law can affect your future.

    Learn More About Me
  • Start with a Free Consultation

    Let me help you plan for your future. Contact my office for your free consultation.

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About Guardianship

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.

  • It’s Never Too Early to Have a Plan

    A properly drafted estate plan can bring peace of mind for you and your family.

    Start Your Plan
  • Navigating the Probate Process

    Let me help guide you through the often complicated legalities of the probate process.

    Get Help
  • Know Who’s
    On Your Side

    I have a passion for what I do and understand how this area of law can affect your future.

    Learn More About Me
  • Start with a Free Consultation

    Let me help you plan for your future. Contact my office for your free consultation.

    Get Started

Contact Us

Law Offices of Timothy D. Henry
San Jose Estate Planning Attorney
Located at: 1871 The Alameda Suite 333
San Jose, CA 95126
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Phone: (408) 643-0942
Local Phone: (408) 560-2488
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Disclaimer

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.