Guardianship

A guardianship establishes a legal relationship between an adult and a child. In California a guardianship only allows a person to legally care for a minor (someone under the age of 18). In situations where an immediate guardianship is sought, a party can apply to the courts for temporary guardianship of a minor while the permanent guardianship case is pending. A Guardianship is a process that a court oversees but it does not sever the legal relationship between the natural parent and child. There are two types of Guardianship actions: Guardianship of the person, which gives the guardian the ability to make decisions pertaining to the minor, and Guardianship of the Estate, which gives the guardian the ability to have control over any assets the minor may be entitled to or have held in their name. The type of guardianship sought, either of the person, of the estate or both, depends upon the nature of the individual case and the reasons necessitating the guardianship action.