Guardianships

A guardian is someone who is appointed by the court to manage the finances or personal care of a minor who is found by a court to require an adult to oversee their care.

For example, people under 18 years old may require a guardianship of person when they have no parent(s) available to care for their food, shelter, clothing, health and educational needs. Often a guardianship is needed if the child’s parents have died, or are unable to take care of them and a family member or friend is willing to step in as the person with legal authority to make decisions until the child turns 18 years old.

People under 18 years old are unable to manage their financial affairs or contract on their behalf, and under the law, a guardian can be appointed by the court. In some cases, even a parent must file for guardianship of estate (for example, if a child’s deceased parent or grandparent left money or a life insurance policy or account directly (outside of a trust) to the minor who is not yet 18 years old).

The guardianship is supervised closely by the court until the minor turns 18 years old. Once the minor is 18, he/she no longer needs a guardianship of person. A guardianship of estate would officially terminate once a final accounting has been provided and approved by the Court, and funds released.

Our attorneys can represent the guardian, parent, third party or in cases where the Court appoints us, a minor.

• Representing the person petitioning for guardianship of person (person seeking to be guardian related to food, shelter, clothing, medical, and educational needs)

  • Example: grandparent petitioning for guardianship over grandchild who is under the age of 18 so he/she can enroll the minor in school, take them to the doctor and dentist, and add them to health insurance plans

• Representing the person petitioning for guardianship of estate (person seeking to be guardian related to managing finances in a blocked account or investment account)

  • Example: mother petitioning for guardianship over child who is under the age of 18, and who has inherited money directly as a beneficiary from a deceased relative’s estate (ie father or a grandparent died without a trust, and the named beneficiary on the account is the minor)

• Representing the proposed ward/minor (person over whom a guardianship is being sought)

  • Example: meeting with, advising, and listening to the child in that situation, provided the Court appoints the attorney as counsel for the minor (since the minor has no legal capacity to contract until the age of 18)

• Representing another interested party in the outcome of the guardianship proceeding

  • Example: another relative, grandparent, or de facto parent (like an auntie who has raised a child since birth for years while the biological parents were unavailable), and maybe wants their own petition brought, or has concerns about the wife/mother/stepmother being the petitioner or desires visitation with the minor

Advise through tough decisions

Guardianships involve a lot of tough decisions. Involving an attorney can help make those decisions a bit easier. We understand the legal requirements while also weighing the emotions that may be involved, so we can be a sounding board and also offer practical suggestions. We know the local landscape, and can connect you to regional centers for support and services. You may also need or want a professional conservator, and we can introduce you to options to find someone you’re comfortable with.

As your attorney, we will help you work through the inevitable challenges in this complicated process.

Many firms do not like to take on guardianship cases due to their complexity. Here at KFS Law, we have attorneys who have experience in this area and are known in the Bay Area for handling these cases.

Ensuring compliance

As your attorney, we make sure that you understand what the law requires of you in a guardianship. We provide advice of counsel to make sure it is being administered properly, and is in line with statutes governing guardianship.

For example, if you are managing money for a child unless it is all in a blocked account that should not be touched until they turn 18 years old, you would need to identify everything that belongs to the child, do accounting, know that there are investments you can make and investments you can’t make without court supervision, and you have to file reports with the court periodically. We help keep you in compliance.