When a child’s parents are unable to provide appropriate care, a legal guardianship may give another responsible adult the authority needed to protect the child and provide a stable home.

At the Law Offices of Oliver Greenwood, we guide families through the guardianship process with practical advice, personal attention, and a continuing focus on the child’s best interests.

A guardianship is a court proceeding in which a judge appoints an adult to care for a minor, manage the minor’s property, or both.

A guardian of the person assumes responsibility for the child’s care and may make decisions concerning:

• Residence and daily supervision
• Medical and dental care
• Education
• Food, clothing, and other necessities
• Counseling and other support services
• The child’s general health, safety, and welfare

A guardian of the estate manages money or property belonging to the child. This may be necessary when a child receives:

• An inheritance
• Life insurance proceeds
• Settlement proceeds
• Valuable property
• Other substantial assets

A guardian of the estate must safeguard the child’s assets, maintain appropriate records, and submit inventories and accountings to the court. Depending on the circumstances, the court may require a bond or direct that funds be placed in a blocked account.

The same person may serve as guardian of both the person and estate, although the court may appoint different individuals for each role.

A guardianship may be necessary when:

• One or both parents have died
• A parent cannot be located
• A parent is incarcerated
• A parent is affected by substance-use or mental-health issues
• A parent is unable to provide care because of illness or incapacity
• The child has experienced abuse, neglect, or instability
• A parent agrees that another adult should care for the child
• A child is already living with a relative or another responsible adult who needs legal authority to provide care

Every family’s circumstances are different. The court considers whether a guardianship is necessary or convenient and whether the proposed appointment is in the child’s best interests.

A temporary guardianship may be requested when a child requires immediate protection or when someone urgently needs legal authority to obtain medical care, enroll the child in school, or address another pressing need.

A temporary guardianship is generally intended to preserve stability while the petition for a general guardianship is pending. It is not automatically granted merely because a general guardianship petition has been filed. The request must explain why immediate appointment is necessary.

Although each case is different, the process generally includes:

1. Preparing and filing the guardianship petition and supporting documents.
2. Giving notice to the parents, relatives, and other persons entitled to notice.
3. Completing required background checks and court investigations.
4. Addressing any consent, nomination, or objection filed in the proceeding.
5. Attending the court hearing.
6. Obtaining the court’s order and Letters of Guardianship.
7. Complying with continuing reporting, accounting, and supervision requirements.

The child may also be appointed an attorney when the court determines that separate representation would be helpful or necessary.

Guardianship proceedings sometimes involve disagreements over who should care for the child, whether a guardianship is necessary, or what contact the parents and other relatives should have.

We represent proposed guardians, parents, relatives, and other interested parties in contested proceedings involving:

• Competing guardianship petitions
• Objections to a proposed guardian
• Requests for visitation
• Allegations of abuse, neglect, or parental unfitness
• Requests to remove or replace a guardian
• Petitions to terminate an existing guardianship
• Disputes involving the management of a child’s property

We work to resolve disputes efficiently when possible while remaining prepared to present the matter to the court when necessary.

A guardianship does not ordinarily terminate the parents’ legal relationship with the child. Instead, the guardian receives custody and the authority granted by the court while the guardianship remains in effect.

The parents may continue to have rights and responsibilities, including support obligations and court-ordered contact or visitation. A parent, guardian, or child may later ask the court to terminate the guardianship. The court will determine whether termination is in the child’s best interests.

Guardianship and adoption have fundamentally different consequences.

A guardianship generally remains subject to court supervision and may be modified or terminated. Adoption creates a permanent parent-child relationship and ordinarily terminates the legal rights and responsibilities of the child’s existing parents.

Families should understand these differences before deciding which proceeding is appropriate.

Oliver Greenwood has represented parties and children in hundreds of guardianship matters. He regularly accepts court appointments to represent minors, lectures on guardianship practice, and has contributed to California guardianship practice publications.

Our guardianship services include:

• Preparing and filing guardianship petitions
• Requesting temporary guardianship orders
• Representing proposed guardians, parents, relatives, and objectors
• Representing minors by court appointment
• Addressing notice and investigation requirements
• Advising guardians concerning their legal duties
• Preparing guardianship accountings
• Seeking removal, replacement, or appointment of a successor guardian
• Petitioning to modify or terminate a guardianship
• Handling contested guardianship proceedings
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Whether you are caring for a grandchild, sibling, niece, nephew, or family friend, obtaining the proper legal authority can be essential to creating stability and protecting the child.

You do not have to navigate the guardianship process alone.