Thomas V. Roland
1830 Berkeley Way, Berkeley, California 94703
Guardianship

There are many situations in which guardianship of a minor may be appropriate. There are two kinds of guardianship: Guardianship of the Person of the minor involves custody and visitation. Guardianship of the Estate of the minor involves the minor's money or property. Both kinds of guardianship are usually handled by the Probate Department of the court, although a contested guardianship of the person will often be transferred to the Family Court because the issues are similar to those occurring in a divorce or paternity action.

    A grandparent or other relative may want to be appointed guardian of the person of a child if the child's parent has abandoned the child or is neglecting the child for some reason such as drug abuse. Guardianship will help protect the child from an abusive parent and make it easier for the guardian to deal with the child's school, health care, etc. It may also forestall the trauma involved in removal of the child from the parent's home by Child Protective Services and the Juvenile Court.

    A guardianship of the estate of the minor will be necessary in many situations where, e.g., the minor has received a settlement for an injury or has received an inheritance. The adult (including the child's parent or some other person) who is appointed guardian must safekeep the minor's money or property and make periodic reports to the court concerning management of the estate, until the child turns 18 years of age.

    I represent any of the persons who may be involved in a guardianship, including the guardian, the minor child, or a relative or friend who is opposing the guardianship. I will be happy to discuss your situation with you and explain any rights and obligations you may have. I will also discuss with you the potential cost of legal representation.

 
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