Guardianship is a legal arrangement that allows a person (the guardian) to make decisions on behalf of another person (the ward), typically a minor or an adult who is unable to care for themselves. In California, this process is overseen by the courts and is designed to ensure the safety and well-being of those who cannot manage their personal or financial affairs.

At Lane Law Group, Inc., we help California families navigate the guardianship process with clarity and compassion, whether you're seeking to care for a child or support a vulnerable adult.

Types of Guardianship in California

There are two main types of guardianship recognized in California:

1. Guardianship of the Person

This type of guardianship grants the guardian the authority to make decisions about the ward’s day-to-day life, such as housing, education, healthcare, and general welfare. It is often used when parents are unable to care for their children due to illness, incarceration, substance abuse, or other serious issues.

2. Guardianship of the Estate

In this role, the guardian manages the ward’s finances, property, and income. This is typically required when a minor inherits money or assets, and there is no trust or other legal structure in place to manage them.

A guardian can be appointed for the person, the estate, or both, depending on the circumstances.

When Is Guardianship Necessary?

Guardianship may be necessary in situations such as:

• A minor’s parents are deceased or unable to care for them
• A child inherits assets that need management
• An elderly or disabled adult cannot make safe decisions about their health or finances
• A developmentally disabled adult needs continued support after turning 18

In all cases, the court’s primary concern is the best interests of the individual who will be under guardianship.

How Does the Guardianship Process Work?

To establish guardianship in California, a petition must be filed in probate court. The process typically includes:

• Filing legal forms and notifying relatives
• A court investigation to assess the suitability of the proposed guardian
• A court hearing where a judge reviews the case and decides whether guardianship is appropriate

Guardianship is not taken lightly by the court and involves ongoing oversight. Guardians are often required to file regular reports to ensure the well-being and financial security of the ward.

Alternatives to Guardianship

In some situations, there may be less restrictive alternatives to full guardianship, such as:

• Power of attorney
• A special needs trust
• Advance healthcare directives
• Caregiver’s authorization affidavit (for temporary child care needs)

An attorney can help determine whether one of these options may be more appropriate for your family’s needs.



Lane Law Group, Inc. Can Help

Whether you are considering guardianship for a child or an incapacitated adult, Lane Law Group, Inc. is here to support you. We guide families in California through every step of the process, ensuring that your loved ones are protected and your legal responsibilities are clearly defined.