Guardianship

At De Vries Law, P.C., we proudly represent parties seeking to ensure the best interests of the ward which often involves establishing this protective proceeding and then holding all who committed harm to the ward accountable.

WHAT IS A GUARDIANSHIP?

A guardianship is a court proceeding established to protect a minor whose parents are unable or unwilling to provide adequate care of their person or estate. It ensures that the child's personal or financial needs are met by a third-party fiduciary who is strictly supervised by the court to protect the minor ward. Through the appointment of a guardian, the court safeguards the child's well-being be be it personal or financial until either the parents can resume their role or the child reaches adulthood.

WHO MAY A COURT APPOINT AS A GUARDIAN?

A guardian may be a relative of the minor, a family friend, or another responsible adult who is capable of providing for the minor's personal or financial needs. In some circumstances, a professional fiduciary may be appointed if it is in the best interest of the minor.

WHY DO CONCERNED INDIVIDUALS SEEK TO ESTABLISH A GUARDIANSHIP?

A guardianship may be necessary when a child's parents have died or are otherwise unavailable physically, become incapacitated, are incarcerated, or are otherwise unable to care for the child. It may also be appropriate when a parent's actions or omissions have placed a child at risk of abuse or their assets are exposed to inappropriate liabilities.

WHAT DISTINGUISHES A GUARDIANSHIP FROM A CONSERVATORSHIP?

Guardianship proceedings differ from conservatorship proceedings primarily in the age and legal status of the protected individual. A guardianship protects a minor under the age of eighteen, whereas a conservatorship protects an adult who lacks the capacity to manage their personal or financial affairs. Moreover, a guardian of estate's directive is to protect the assets of the minor to be used by the minor in adulthood. However, the guardian, like a conservator, must comply with the procedural and substantive requirements of the Probate Code, including obtaining court authorization before taking many actions such as relocating the child out of state, accountings of all assets managed for the ward, or properly managing a ward's financial assets.