Guardianship in Orange County

Newport Beach Divorce Mediation Attorneys

Guardianship or Adoption?

Another key difference is that the court can end the guardianship if the parent or parents of a child either become able or are willing to care for the child. If a child was adopted, the legal relationship with the adoptive parents is permanent and cannot be ended by the court if a parent later decides to care for his or her child.

Additionally, an adoptive child would stand to inherit from his or her adoptive parents, as would any birth child. In a guardianship, a child would not inherit your estate.

Different Types of Guardianship

1. Guardianship of a person: If the court appoints you as the guardian of a child, you will have a responsibility to care for the child as any parent would. This role would also imbue you with full legal and physical custody of the child, allowing you to make all decisions relating to the physical care of that child, including food, clothing, shelter, protection, physical growth, medical care, dental care, and more.
2. Guardianship of an estate: The court can also appoint you as the guardian of a child’s estate. This means you would be responsible for managing the child’s income, money, investments, or other property until he or she reaches the age of majority, which is 18 years-old. In cases where a child’s parents are deceased and he or she inherits their money and assets, that child would need a guardian of the estate. Typically, the court would appoint a surviving parent as the guardian of a child’s estate. The minor’s real and personal property assets would have to exceed $5,000 for the court to consider it necessary to appoint a guardianship of the estate.

Newport Beach Guardianship Attorney