California Estate Planning Lawyer Blog

For parents, writing a will and designating a legal guardian for their child or children is one way to ensure that their children will be taken care of in the event that they become orphans.

Usually, when one parent dies the surviving parent assumes full custody of any children. If both parents die, however, or if the surviving parent is unable to be legally responsible for the children, a guardian will have to legally assume the role.

A guardian will be legally accountable for taking care of a child’s physical and emotional well-being until the child turns 18. This includes providing for the child’s education, shelter, food, clothing, and health care. This is a huge responsibility, so it is important to make sure that the person appointed wants to and is able to handle the responsibility. A person appointed in a will to be a child’s guardian is not legally obligated to take on the role. That is why it is a good idea to appoint an alternate guardian. Co-guardians may also be appointed to share the responsibility of guardianship.

If parents do not name a guardian, a probate court judge will have to appoint one for their children, and the parents would have had no say in the matter:

A probate guardian usually has a number of responsibilities- depending on the kind of guardianship they hold:

Continue reading "If Parents Die Without A Will, A Probate Court Will Appoint Guardian For Underage Children" »

A 2-month-old baby who had been reported missing in Texas after his mother took him out of town and returned home alone the following day was found in Buena Park, California.

Last Tuesday, Isiah Ramirez was found with an unidentified couple who said they saw a story online detailing that the child had been reported missing. The couple say that a woman at a gas station near Columbus, Florida gave Isiah to them along with legal documents she said would give them legal custody of the boy.

One week before Isiah’s disappearance, family friend Gracie Martinez had been given custody of the child through a legally binding temporary child custody affidavit.

Teenparents.org provides the following questions and answers regarding legal guardianships:

What is a legal guardianship?
A legal guardianship is a formal decision by a judge that suspends parents' custody of their child and gives custody to a non-parent.

Who can be a legal guardian?
Any adult, 18 or older, can serve as a legal guardian for a child under 18. Usually, a relative or family friend serves as a child's legal guardian.

Continue reading "Prior To Disappearance, Missing Baby Found In California Had Been Given To A Temporary Legal Guardian " »

In Bakersfield, California, the children of Elizabeth Leon, a 22-year-old mother who was murdered in East Bakersfield, will continue to live with their grandparents. Jorge Tovar, 1, Bianca Tovar, 4, and Roxanne Tovar, 2, were found in Los Angeles with their grandparents after their mother was murdered on December 21st.

The Tovar children’s grandparents have been approved by Child Protective Services to be their guardians, but it will be up to the court to make a final decision regarding guardianship.

A probate guardianship is the appointment by the court of an adult or adults, who are not a child’s parents, to have legal guardianship over the child.

There are two kinds of guardianships. The guardian of the person and the guardian of the estate.

The Superior Court of California, County of Santa Clara’s Self-Help Center offers the following information about the responsibilities that a probate guardian might take on:

Continue reading "Grandparents of Of 22-Year-Old Mother Murdered In Bakersfield Are Approved For Guardianship" »