A guardian can fulfill the role of a parent for a child and, unlike adoption, this role is not permanent.
A guardian is generally responsible for caring for the daily needs of a child, including:
- And medical care
Do You Have an Emergency and Need to File for Temporary Guardianship?
You may need to file for a Temporary Guardianship if there are emergency issues that can only be resolved by a child’s legal guardian.
This is a separate request and has separate requirements for the court to grant a Temporary Guardianship. Consulting with an experienced guardianship attorney on your unique circumstances prior to filing will give you the best opportunity for your filing to proceed smoothly.
What is the Difference Between a Guardianship and an Adoption?
Adoptions are final and result in the permanent termination of a parent’s rights and obligations to a child. As a result, a parent whose rights have been terminated will no longer have visitation rights or an obligation to support the child.
However, legal guardianships are temporary. If a parent consents to legal guardianship, that parent will still have rights and must continue to fulfill an obligation to support the child. Moreover, the parent can usually terminate the guardianship at any time.
In some cases, a parent may create an agreement regarding the length of time the guardianship may last. Most guardianships are generally open-ended, however, and can end in a number of circumstances.
When Does a Guardianship End?
Below are some situations in which a guardianship may end:
- The child reaches the age of majority
- The guardian dies
- The guardian resigns
- The assets of the child are depleted
- A judge decides that guardianship is no longer needed
- A judge decides that the guardianship does not serve the best interests of the child
If a guardian resigns, mismanages a child’s assets, or abuses the child, a judge can appoint a new guardian who will serve the best interests of the child.
Set Up a Free Consultation with Our Legal Team to Discuss Your Guardianship Case Today!
In some cases, a guardianship of the estate may be necessary for a child, especially when a child receives a substantial financial gift and needs someone to safeguard and manage it.
At Camarata & Fuller, LLP in Temecula, our legal team can assist you with your guardianship case to ensure the best interests of the child are represented. With more than 40 years of combined experience on our side, you can trust that our team will help you achieve your unique goals.
Reach out to our law office in Temecula today at (951) 225-1540 or contact us online to set up a free initial case review with a knowledgeable member of our legal team to learn more about your options.
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