Guardianships

The Campbell Law Offices is committed to helping clients prepare for life's many possibilities by providing thorough assistance with guardianships in the Oakland and San Francisco Bay areas.  Our attorneys can assist with all aspects of guardianships, from nomination of guardians in estate planning documents to initiating court proceedings to appoint guardians, to advising guardians on their fiduciary duties. 

A guardianship is a court proceeding in which a judge gives someone other than a child's parents the legal right to make decisions on behalf of the child.  It is established when the parents of a child under age 18 cannot care for the child due to death, incapacity, or other reasons.  A guardian is generally appointed once a petition is filed and granted by the court.  There are two types of guardianships: Guardianships of the Person and Guardianships of the Estate.  Although it depends on the circumstances of the case, it is not uncommon for one guardian to be appointed as both guardian of the person and of the estate.

Guardianship of the Person

Under California probate law, the court may appoint a guardian of the person when a child must live with an adult who is not his or her parent.  The guardian obtains legal and physical custody of the child, giving the guardian the responsibility to make decisions on behalf of the child, provide for the child's safety and protection, and provide for the child's emotional and physical well-being until the child reaches the age of 18.  The guardian has a duty to take care of all the child's needs, including food, shelter, clothing, health care, and education.  As part of our services, our attorneys assist clients in completing the appropriate documents to ensure a smooth transition into guardianship for both guardians and children.  One form of importance is the "Caregiver's Affidavit," which authorizes enrollment of a minor child in a school and school-related medical care. 

Guardianship of the Estate

While a guardian of the person is appointed to take care of the child's physical well-being, a guardian of the estate is appointed to manage the child's finances (estate) until the child reaches the age of 18.  A guardian of the child's estate has a fiduciary duty to the child and thus must maintain the child's funds, collect and inventory the child's assets, keep accurate financial records, and file regular accountings with the court.  The guardian cannot act in a manner that detracts from the value of the child's estate. 

Helping Parents & Their Children

The attorneys at Campbell Law Offices have the experience and skill to help parents plan for the care of their children and advise guardians on their rights and responsibilities.  Our commitment to helping families and individuals with guardianship matters is evidenced not only by our well-respected private practice, but also by our dedication to volunteering with the Alameda County Guardianship program.  For a complimentary consultation with one of our knowledgeable guardianship attorneys, contact the Campbell Law Offices today.