Intro to California Guardianships
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Intro to California Guardianships



Introduction to California Guardianships

Introduction to California Guardianships



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Intro to California Guardianships Intro to California Guardianships Presentation Transcript

    • Daniel K. Printz, Esq.
    • Serving California Families and Businesses
  • What is a Guardianship?
    • A Guardianship is when a Court appoints an adult who is not the child’s parent to take care of the child or the child’s property.
    • Two Types:
      • Guardian of the Person
      • Guardian of the Estate
  • Why is Guardianship Necessary?
    • No parent is available due to:
    • Death
    • Incapacity
    • Imprisonment
    • Loss of parental rights (e.g., adoption)
  • What is a Guardian of the Person?
    • Guardianship of the Person is set up because a child is living with an adult who is not a parent, and the adult needs the legal authority to make decisions on behalf of the child.
    • In a Guardianship of the Person, the guardian has full legal and physical custody of the child.
  • What does the Guardian of the Person do?
    • The guardian generally has the same responsibilities as a parent.
    • The guardian is responsible for the child’s care, including the child’s:
      • Food, clothing and shelter
      • Safety and protection
      • Physical and emotional growth
      • Medical and dental care
      • Education and any special needs.
  • What is a Guardian of the Estate?
    • A Guardian of the Estate manages a child’s income, money, or other property until the child turns 18.
    • A child may need a Guardian of the Estate if s/he inherits money or assets. If there is a surviving Parent, the Court will appoint someone to be the Guardian of the child’s Estate.
  • What does the Guardian of the Estate do?
    • Provide funds for child’s health, education, support, and maintenance.
    • Ensure assets are working for the child, earning interest, etc.
    • Protect assets from loss by embezzlement, theft, fire, etc., by securing and insuring .
  • Can they be the same person?
    • Yes.
    • Some reasons to choose two different persons to serve as Guardians:
      • To protect the Guardian of the Person from temptation.
      • If the preferred Guardian of the Person not financially responsible.
      • If the preferred Guardian of the Estate doesn’t share your family values.
      • To provide Checks and Balances for each other.
  • How are Guardians appointed?
    • Probate Court hearings
    • Your nomination is a primary consideration
    • Judge decides, based on input from:
      • The parents (through your written nomination)
      • A Court investigator
      • An attorney appointed for the child
      • Family and friends, if offered
  • What if I don’t nominate a Guardian?
    • Again, the Court will decide, but this time without your input.
      • Who will tell the Court about ‘odd Uncle Johnny’ and ‘flaky aunt Jill?’
      • How will the Court know what relatives share your values?
      • How will the Court know that Joe and Jane are your good friends and share your values, while your brother Jacky is practically a stranger?
  • “ Anyone but my wacky brother Jacky!”
  • How do I nominate a Guardian?
    • Probate Code Sections 1500, et seq.
    • In writing, usually in a Will.
    • Where other parent nominates or consents in writing to the same Guardian (or pre-deceases).
    • Can be conditional: “I nominate Sarah Jessica Parker, IF she is still married to Matthew Broderick as of the date this nomination is considered.”
  • Should I nominate backups?
    • Absolutely.
    • Your preferred Guardian might be unavailable (due to death, incapacity, or imprisonment).
    • Your preferred Guardian might be unwilling.
    • Your preferred Guardian might become Guardian, and THEN become unavailable or unwilling.
  • What can the Law Office do to help me?
    • Guardian Nomination only
    • Simple Wills
    • Wills + Incapacity Documents
    • Testamentary Trust
    • Testamentary Trust + Incapacity Documents
    • Complete Estate Plan, including Revocable Trust
    • $50
    • $200 ($100/parent)
    • $300 ($150/parent)
    • $500 ($250/parent)
    • $700 ($350/parent)
    • $1,800-$2,500
  • How do I contact the Law Office?
    • Fill out the form at this meeting.
    • Call for an appointment:
      • (858) 740-4370
    • Email us to set up an appointment:
      • [email_address]