Roseville Guardianship Lawyer

Guardianship is a court process that gives a legal guardian authority to care for another person and, when needed, manage money for that person. In California, guardianships are usually for minors; adults typically need a conservatorship instead.

How do you appoint a guardian? You file forms, give required notice to relatives, complete investigations, and appear at a hearing. That is the guardianship process. During guardianship proceedings, the judge reviews safety, best interests, and whether less-restrictive options would work.

Common types of guardianships in California include:

• Guardianship of the person (day-to-day care).
• Guardianship of the estate (managing money and property for a minor).
• Sometimes both, if a child needs care and asset management.

Our team helps you decide which structure fits, prepares the case, and keeps the process moving.

When a Guardianship May Be Necessary

Guardianship becomes urgent when a parent cannot provide care. That may be due to illness, absence, substance use, or death. Many families step in to protect a child or children so schooling, housing, and medical care continue without interruption.

It can also help an incapacitated person who is 17 turning 18 and will still need support. For adults with an intellectual or developmental disability or another disability, the court may consider a limited conservatorship at 18. Until then, a temporary or permanent guardianship can keep a family member safe and supported. We’ll walk through the pros and cons of each path.

Legal Framework and Requirements

In California, you start by filing a petition with the court. The judge reviews reports, background checks, and the proposed guardian’s plan. The standard is the child’s best interest (or protection of a minor’s assets), and the court looks for the least-restrictive solution that still keeps the person safe.

You may see references online to New York procedures, like the Surrogate’s Court Procedure Act, Article 81, and the Mental Hygiene Law. Those govern New York guardianships and conservatorships (for example, Article 81 focuses on tailored powers for adults based on functional limits). They do not apply in California, but the concepts, narrowly granting only the authority needed, are similar to what our courts aim to do here. If your matter touches New York and California, our firm can coordinate with local counsel so the plan works in both states.

Roles and Responsibilities of a Guardian

A guardian of the person handles personal care and personal affairs. That includes housing, school enrollment, and healthcare coordination. The guardian gives informed consent for medical treatment when needed and keeps the court updated.

A guardian of the estate manages money. That means financial decisions, budgeting, and property management under strict court rules. Accountings are filed on schedule so the judge can confirm funds are used for the minor’s benefit. We’ll show you how to stay compliant and organized from day one.

Choosing the Right Guardian

Picking a potential guardian is a serious choice. Courts look at stability, availability, and the person’s relationship with the child. A background check reviews any criminal record. If family members dispute who should serve, the court may appoint counsel for the child and can order evaluations.

Capacity questions sometimes arise for older teens or transitioning young adults. A physician or psychologist may provide reports to help the judge understand abilities and support needs. Our firm prepares you for each requirement and, when conflict exists, works toward a practical, child-centered solution.

Guardianship and Estate Planning

Guardianship works best when it is coordinated with estate planning. If a minor is set to inherit funds, we’ll structure the guardianship of the estate to protect those assets and plan for adulthood. For adults, California uses conservatorship rather than guardianship—often a limited conservatorship for individuals with developmental disabilities. We also review possible government benefits and help guardians preserve eligibility while meeting care needs.

Call a Roseville Guardianship Lawyer Today

If your family needs guidance, talk to a Roseville guardianship lawyer who will put clarity and care first. Our law firm will explain your options, prepare the filings, and stand with you in court. Get answers and a roadmap in one conversation—schedule your free consultation today.