In California, guardianships are awarded when a minor or an adult isn’t able to support and take care of themselves. The assignment enables another individual to provide with care and support to the individual. A guardianship attorney in Lake Elsinore can guide petitioners right now.
Obtaining a Guardianship for a Child
Guardianship assignments are provided when children are orphaned. If the parent didn’t specify a new guardian in a will, the family must determine who will become the new guardian. The court assigns a caseworker to evaluate the prospective guardian and a home study is conducted to evaluate the prospective guardian’s home. They must provide evidence of their income for further evaluation and cannot have a criminal record involving children.
Guardianships for Disabled or Incapacitated Adults
Guardianships are provided for adults who are disabled and incapacitated. The assignments allow a family member to make all decisions for the adult and manage their assets. The new guardian must coordinate the adult’s care and ensure that they visit the doctor regularly. They must also pay the adult’s expenses with their monetary assets. Some provisions apply to the assignment to protect the interests of the adult.
Minors Who Are at Risk
Adult family members have the option to become the legal guardian of a minor who is at risk. The most common of these risks are neglect, child abuse, or addiction. When the biological parent isn’t fulfilling their responsibilities, another family member could file a petition after reporting the risk.
Child protective services are notified first. A caseworker is assigned to the case and conducts an assessment of the child and their living conditions. Initially, the court provides temporary custody of the child. A new hearing is scheduled for one year. If the risk isn’t eliminated, the petitioner receives a permanent guardianship.
In California, guardianship assignments start with a petition. The petitioner files a motion and offers evidence of risk or reason for why the court should grant the assignment. Minors who haven’t reached the age of majority require a legal guardian, or they will become a ward of the state. Petitioners who need assistance can contact a guardianship attorney in Lake Elsinore from the Law Office of Michelle Penna or visit the website right now.