Areas of Practice
Guardianships & Adoptions
A guardianship is a court ordered relationship in which the guardian acts on behalf of the ward. Wards are persons who are not able to care for themselves or their property. The guardianship may be for the estate only in the circumstance where the guardian is responsible for the ward's assets. The guardianship may be for the person only when the guardian has responsibility to assure the personal needs of the ward are met. A guardianship may be established for both the person and estate of the ward.
Who can be a guardian?
A guardian can be an adult person or corporation appointed by the Probate Court. The guardian must be a resident of California.
An incompetent adult or minor child can have a court appointed guardian. The law defines incompetent as: ...any person who is so mentally impaired as a result of a mental or physical illness or disability, or mental retardation, or as a result of chronic substance abuse, that he is incapable of taking proper care of himself or his property or fails to provide for his family or other persons for whom he is charged by law to provide, or any person confined to a penal institution within this state.
Any interested person may apply to be guardian. A minor over the age of 14 may nominate a guardian. A parent may nominate a guardian for their minor children in their will. An adult may also nominate a guardian through a durable power of attorney. The Court makes the final selection of a guardian at a hearing after listening to sworn testimony from the applicant and any witnesses.