Guardianship of Person/Estate

Where the person is a minor (under the age of 18), there is a conclusive presumption of incompetence, and a guardian may be appointed. Like with conservatorships, there may be guardianships of the person, or estate, or person and estate.

Guardianship of the Person. A guardianship of the person is most common when neither parent is available or is caring for the minor, and a third party (often a relative) is seeking parental authority for medical decision-making as well as housing and school placement. A guardianship of the person is not an adoption nor is it foster care, and it requires notice of all relatives up to the second degree (siblings and grandparents).

Guardianship of the Estate. With minors, it is most common for there to be guardianships of the estate. Small gifts, of course, do not require a guardianship. However, where the minor is the recipient of assets (usually via inheritance) valued at over $10,000, the court may require the appointment of a guardian for managing the assets of the minor. Assets held by a guardian are the minor’s and is not intended to replace the parent’s primary support obligation.

If you have a question about your legal rights, or wish to speak to an attorney about your situation, please call us today at 510-663-9240, or contact us online to discuss your legal rights.