In California, guardianships are used to protect minor children who are at risk or orphaned. The assignments help disabled adults who are at risk due to an unethical caregiver. A guardianship attorney in Temecula helps family members and friends file a petition for guardianship.
Why Are Guardianships Granted?
For minor children, guardianships are provided when the child isn’t close to the legal adult age. Typically, the child is unable to take care of themselves and/or facing serious risks. If the biological parent is a risk to the child, a family member has the right to seek guardianship.
For disabled adults, a guardianship is provided when the individual isn’t able to manage their own care or is unable to make sound choices. A family member is provided the guardianship to protect the adult’s interests and prevent the unethical use of their assets. The assignment comes with a power of attorney for the new guardian to control the disabled adult’s assets.
What Procedures Are Followed for Minors?
The family member reports the risk to the child to Child Protective Services. A caseworker is assigned to investigate the allegations, and the petitioner obtains temporary custody. The court evaluates the findings to determine if the allegations are true. The guardianship is provided after one year if the biological parent doesn’t eliminate the risk.
What Risks Lead to a New Guardianship?
The most common risks are drug or alcohol addiction, abuse and/or neglect. A biological parent who is involved in criminal activity poses a threat to the child as well. The living environment is assessed during the home study scheduled by the caseworker. The biological parent could face criminal charges for some allegations including abuse, neglect and/or domestic violence. If the parent is found in possession of illegal substances, the state charges them formally.
In California, guardianships are awarded to family members when a minor child or adult needs help. The assignments provide the petitioner with authority over the child or adult. Certain conditions apply in some circumstances, such as guardians for disabled adults cannot sell the individual’s assets. Family members who need assistance from a guardianship attorney in Temecula can contact the Law Office of Michelle Penna or click here for more details now.
