Probate Guardianships
There are two types of probate guardianships. There is guardianship over the estate of a minor. In that situation the guardian manages the money and financial affairs of a minor until that minor reaches 18 years of age. The other type of guardianship is guardianship of the person, which encompasses the daily care and custody of a minor. I represent parties in petitions for guardianship of the person.
A petition for guardianship of the person can be initiated when there is a showing that it is in a minors best interest to be placed in the care and custody of someone other than his or her parent. A probate guardian can only be appointed when there is not a related family law or dependency matter pending. The minor lives with the guardian and the guardian is responsible for the daily care and needs of the minor. Parental rights are suspended and the guardian has authority to make all decisions affecting the health and welfare of the minor. These decisions include food and shelter, medical and dental care, education and special needs, safety and protection.