Guardianship Basics

   The legal process of Guardianships have gotten alot of press in the last couple years. There are guardianships for children which have made news, such as the "octo mom" kids. A probate guardianship is a formal court process in which the probate court appoints a guardian to have custody of a minor and or their property (California Probate Code §1510).  The Probate Court makes the determination of whether a guardian should be appointed based on "what appears to be in the best interest of the proposed ward, taking into account the proposed guardian's ability to manage and to preserve the estate as well as the proposed guardian's concern for and interest in the welfare of the proposed ward." (California Probate Code §1514(e)(1)  

    A court's appointment of a guardian of the person or estate, or both, lasts until the minor's eighteenth birthday. (California Probate Code §1600). Therefore, you should strongly consider whether a guardianship is appropriate prior to initiating proceedings. If you live in the California area and have questions about an existing guardianship or would like to petition for guardianship you should consult with an experienced Los Angeles Probate Attorney.  
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