When a child’s parents are unable to care for them due to illness, incapacity, or death, the court can appoint another responsible adult to step in and provide stability, care, and protection. This legal process is called a guardianship.

Guardianships ensure that children have someone with legal authority to make important decisions about their health, education, and daily needs. Whether you are a relative, family friend, or another trusted adult, a guardianship can give you the ability to care for a child while keeping the court informed and involved.

What is Guardianship?

A guardianship is a court-ordered relationship where the judge appoints someone to care for a minor child when their parents are unable to do so. The guardian has legal authority to make decisions that parents would normally make, such as where the child lives, attends school, and receives medical care.

In California, there are two types of guardianships:

• Guardianship of the Person: The guardian provides for the child’s personal care, housing, education, and medical needs.
• Guardianship of the Estate: If a child receives money or property, such as life insurance proceeds or inheritance, the guardian manages those funds under the court’s supervision.

The Guardianship Court Process

Establishing a guardianship requires filing a petition in the probate division of the California Superior Court. The process involves several key steps:

1. Filing the Petition: The proposed guardian files paperwork explaining why guardianship is needed and providing details about the child’s situation.
2. Notice to Relatives: All close relatives must be formally notified of the hearing.
3. Court Investigation: In most cases, the court will assign an investigator to meet with the proposed guardian and the child and make recommendations to the judge.
4. Court Hearing: The judge reviews the reports and hears from all parties before deciding whether to appoint the guardian.

Once appointed, the guardian must follow court rules, file regular status reports, and always act in the child’s best interests.

When Guardianship Is Needed

Guardianships are often established when:

• A parent has passed away or is incapacitated;
• A parent is struggling with addiction or other issues that prevent them from caring for their child;
• A parent is incarcerated or unavailable;
• A child is living with a relative or family friend who needs legal authority to enroll them in school or consent to medical care.

The process can be emotional and sometimes complicated, but it provides essential legal protection for the child and the adult stepping in to help.

Working with a California Guardianship Attorney

Petitioning for guardianship can feel overwhelming, especially when emotions are high or family members disagree about what’s best for the child. Attorney Jessica Ward assists clients throughout the entire process, from filing the petition and gathering required documentation to representing you at court hearings.

She helps ensure all procedural requirements are met, the court has a clear understanding of your circumstances, and your case moves forward smoothly.

If you’re caring for a child who needs legal protection or want to be appointed as their guardian, contact the Law Office of Jessica R. Ward at (925) 459-1777 to schedule a complimentary 30-minute consultation.