In California a guardianship is the court proceeding where an adult is appointed guardian over the minor’s person and or the minor’s estate.   Guardianships are often used to protect minors whose parents are still living.   Guardianships of the person are usually established by relatives or other caring adults to provide stability and needed care for minors whose parents fail to provide these essentials to their children.   Guardianships of the estate are sought when a minor inherits assets above $5,000.00 or when proceeds from litigation are expected and placing the assets in a blocked bank account until the child’s 18th birthday is undesirable.

Guardians are ultimately appointed by the court, but can be nominated by a parent of the minor in their Will.  If no Guardian was nominated, or there is no Will, a person interested in becoming the minor’s guardian can petition the court.

If you have been nominated as the guardian of a minor in a Will, or wish to petition the court to become a guardian of a minor child, please contact the experienced attorneys of Conway-Spatola Law today.

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