Mission Viejo Guardianship Lawyer

Mission Viejo Guardianship Attorney

If the time ever comes when a new guardian needs to be appointed, it can be an emotionally taxing experience for all involved. The reasoning behind why someone might be losing their parental rights can be difficult to accept, and the emotions displayed by a child or other individual as they struggle to transition to a new guardian can be hard to see. To ensure that the legal process is done correctly, hire a Mission Viejo guardianship lawyer for the job.

At Cianci Law, PC, we have the deepest appreciation for how personal these cases can be. We take on every new client with no judgment, staying focused on resolving disputes and ensuring that the person who needs a new guardian is under quality care. We allow our clients to stay focused on their personal matters while we take on the legal work. Our law firm can ensure that the guardianship process remains compliant with California law and achieves the most favorable outcome.

The Difference Between a Conservatorship and a Guardianship in CA

California law has two primary legal mechanisms, conservatorships, and guardianships, to help protect individuals who are unable to fully care for themselves. However, both of these arrangements target different groups of people and circumstances.

Guardianship

A guardianship is typically arranged for a minor child under the age of 18. People in this age range still legally need an adult to make certain decisions on their behalf and take on responsibilities to care for them. If a child’s biological parents are unable to fulfill their parental duties, like making rational decisions about their healthcare or education, a guardian will need to be appointed to step in. They can take on this role and maintain the child’s well-being.

Conservatorship

Conversely, a conservatorship is a legal arrangement for an adult who is struggling to properly manage their own personal or financial affairs. There are many common conditions that put adults into this situation, like struggling with a mental illness or a memory-related disease, like dementia. When this is needed, the court will appoint a conservator to make decisions for the conservatee. This can include making medical decisions and managing their finances.

Why Would Someone Need a New Guardian?

Generally, someone might need a new guardian in Mission Viejo, California, if their current guardian is no longer able to fulfill their duties in the way that they should. There are a number of reasons why this might happen. Some common scenarios include:

Incapacity or Illness

Anytime a guardian becomes ill or incapacitated and can no longer care for another person, this may be a damaging enough experience to need a new guardian. It’s important for the current guardian to seek support for their new condition. In the meantime, they should put anyone they were responsible for in the hands of someone else who has the capacity to take care of them.

Death

When someone passes away, a new guardian will be needed to take over. In these moments, the court will step in to appoint another suitable replacement. They will also ensure that the person being reappointed has the support they need in this process, such as access to a grief counselor.

Unfitness of the Current Guardian

If there is any evidence to suggest that a guardian is no longer fit to serve in their role, the court can revoke these privileges. For example, any guardian who has been neglectful to a child’s needs or engaged in abusive behavior will be investigated. The court will remove a child immediately if it’s clear that they are in a dangerous environment.

Relocation of a Guardian

There are many justifications as to why someone might need to relocate to a new area, such as securing a new job or needing to be closer to an aging parent. Just because the move is right for the guardian, it doesn’t always mean that it will be for the people under their care. In these cases, a new guardian might need to be appointed to prevent a child’s life from being disrupted.

FAQs

Q: How Much Do Guardians Get Paid in California?

A: The amount a guardian will be paid in California is highly dependent on the details of their circumstances, such as how many children are under their care and what extraordinary support they need. Money is granted through the state’s Kinship Guardianship Assistance Payment (Kin-GAP) program. This program provides monthly payments to a guardian who has a child in their long-term care. These funds will only be granted for cases that advance in court or probate.

Q: How Do I Get an Emergency Guardianship in California?

A: A petition must be filed with the court whenever an emergency guardianship is needed in California. This should be for urgent situations that need immediate action to protect the health and safety of the individual in question. For example, someone who is in the middle of a family crisis or is dealing with the incapacitation of their parents will need a new urgent order.

Q: How Long Does It Take for a New Guardianship to Be Established in California?

A: Each guardianship case will take as little or as long as it needs to ensure that the individual who is receiving a new guardian is going to be under quality care. The first step in this process is to have a court hearing. The speed at which this is scheduled and the availability of everyone else involved in the case will impact how fast this can happen. If the case has parallel issues to deal with, like divorce or custody issues, this can also impact the timeline.

Q: How Much Do Guardianship Cases Cost in California?

A: The complexity of your specific guardianship case and how experienced your attorney is are the two main factors that will influence the total cost. There are also different fees that can be applied throughout the process, including fees to open your case, investigate, collect evidence, or hire an expert witness to testify on your behalf. Be sure to ask your attorney about costs upfront to ensure that you are comfortable affording their legal services.

Contact Creative Family Solutions Today

If you are about to enter a guardianship case and are looking for quality representation in the Mission Viejo area, contact Cianci Law, PC, as soon as you can. We have been supporting these types of cases for years. Our firm has many lessons learned from the past that can be applied to expedite your case today.