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Estate Planning Newsletter

Guardianships

In certain cases, a minor may need to be assigned a legal guardian either because a parent is not able to care for the minor, or because the existing guardian is not competent. When a guardian is appointed, he/she will have the same custodial rights as the minor's parent.

Guardians are appointed by a court, upon application or nomination and approval, or the court may select and appoint an appropriate guardian at its discretion.

Types of Guardians

Guardian of the person:

  • Provides or arranges for the minor's residence
  • Arranges for medical treatment for the minor

Guardian of the estate:

  • Manages the minor's property
  • Invests the minor's money
  • Provides financial support and educational opportunities to the minor

Guardian of the person and estate

  • Has the combined powers of the above 2 types of guardians (custody and management of property)

Guardian of specific property:

  • Cares for certain item(s) of property belonging to the minor

Guardian ad Litem:

  • Appointed for limited, short-term purpose of prosecuting or defending a legal proceeding on behalf of the minor

Guardianship Not Permitted

  • A minor cannot have a guardian if he/she is married or has been married
  • If the minor has been married but cannot care for himself/herself, a conservator may be appointed

Termination

A guardianship will end upon the occurrence of one of the following:

  • The minor dies
  • The minor becomes 18 years old
  • The guardian dies
  • Resignation or removal of the guardian
  • A court order terminating the guardianship
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Our law firm represents estate planning clients from Riverside County, North County San Diego, Temecula, Murrieta, Lake Elsinore, Canyon Lake, Wildomar, De Luz, Fallbrook, Bonsall, Escondido, Valley Center, Rainbow, Hemet, Riverside, Menifee, Sun City, Canyon Heights, Canyon Lake, Quail Valley, Pechanga, and Pala. Our law firm focuses on California estate planning, wills, trusts, estates, probate administration, trust administration, asset protection, and entity formation. Practicing as an estate planning attorney, trust attorney, and probate attorney, Laila Kepler guides her clients through life's changes.