The family law attorneys at Thompson Law help children and families in Bakersfield and throughout Kern County and Tulare County with different forms of guardianships and adoption. Whether due to death, physical or mental incapacity, incarceration or other reasons, a child's parents may become incapable of caring for the child. In that case, the court may appoint a guardian to care for the child and make legal decisions on the child's behalf.

Guardian of the Person

When people think of guardianships, they mostly think of guardians over the person. In this type of guardianship, the guardian has physical and legal custody of the child and is responsible for the safety, care, and well-being of the child.

Guardian of the Estate

A guardian may also be appointed over the estate of a minor. This type of guardian is responsible to manage the child's finances until he or she turns 18, at which time the person becomes legally responsible as an adult for managing his or her own finances.

It is not uncommon for the court to appoint one person to be both the guardian of the person and the guardian of the estate in a single guardianship proceeding. The main focus is what is in the child's best interest.

Guardianship and Adoption

Guardianships are usually more temporary in nature and are most appropriate when the parent is under some sort of temporary disability that may be removed. Also, if the parents have died suddenly or unexpectedly, a guardianship may be a temporary expedient until a formal adoption can be arranged. A guardianship may be terminated by the court, but an adoption is for the most part final.

If the biological parents are living, an adoption terminates the parental rights of the natural parents and transfers those rights and responsibilities to the adopting parent. This termination and transfer occurs most often in the scenario of a stepparent adoption, where a person marries another who already has a child, and the new spouse adopts the child from the former relationship. This must generally be done with the natural parent's consent, except in certain cases such as abandonment and failure to financially support the child.

A guardianship, on the other hand, does not necessarily terminate parental rights, but will only alter those rights within the scope of the guardianship. For instance, a guardianship which is only over the person or the estate can leave parental rights in the other area untouched. Even under a guardianship, the biological parent may still be financially responsible for child, and the child may still have the right to inherit from the parent's estate.

A Reputation for Excellence, Built on Achievements

Like adoptions, guardianships deal with substantial, important legal rights that have a long-term impact on you and your family. At Thompson Law, our firm has developed a strong reputation in the legal community for our total commitment to our clients' interests, and our ability to achieve positive results. Let us help you protect your rights and obtain a positive outcome in your guardianship matter. Contact Thompson Law today.