Can you believe that over 74% of parents don’t have a Will and even those who do still risk their children being taken from their home? If your children are at school and you are in an accident and canâ€™t communicate, the police have no choice but to call in child protective services until they can figure out what to do. This can ultimately mean that your children will be placed in a temporary foster home for who knows how long. As a parent, the idea that my child or any other child could be taken into the foster care system fills me with agony.
Without even a basic will, a judge will have no knowledge of your wishes and can appoint a guardian for your children whether you would agree or disagree with their decision. Your friends and family could end up battling over custody arrangements causing a ton of friction for years to come. Or worse yet, your children could be permanently placed in foster care.
With that being said, creating the proper documents is extremely important.
There are two main types of guardianships.
– The first type of guardianship is when the biological parents of a child are still alive but cannot care for their child for a variety of reasons. Once a guardian (the child’s caregiver) is appointed by the court, the biological parents lose the rights to care for the child.
– The second type of guardianship is when the biological parents of a child have passed away.
In some cases you may be in a situation where there is a need to obtain temporary guardianship of a child as opposed to permanent guardianship. However, the overall responsibilities remain the same.
Key responsibilities of a guardian include:
– Determining where the child lives
– Ensuring the child has his/her basic needs met, such as food, shelter, clothing and proper medical care
– Providing supervision of the child
– Enrolling the child in school
If the child is the beneficiary of any type of estate, it is possible for the guardian to obtain guardianship over the child’s estate as well. The key responsibilities of becoming a guardian of the estate include:
– Preserving and controlling the assets of the estate
– Avoiding conflicts of interest (using the estate for personal profit or gain or taking part in a transaction that is not in the best interest of the child)
If you are thinking of requesting guardianship on behalf of a child, you can always contact us, and our guardianship attorney will be more than happy to help you take the steps to become the legal guardian.
Our Contact Information
Phone: 888-909-0551 Email: firstname.lastname@example.org Fax: 888-909-0821 Address: 23901 Calabasas Road, Suite 1030
Calabasas, CA 91302