Guardianships
The Conflict Program appoints attorneys to defend people in guardianship cases.
The Conflict Program’s appointed attorneys provide indigent defense to people involved in guadianship cases in Contra Costa county. The Conflict Program attorneys possess deep knowledge and expertise in matters related to guardianship and are unwavering in their commitment to protecting the rights and well-being of their clients.
What is a guardianship?
In the state of California, a legal guardianship for all ages refers to a court-authorized arrangement in which a person (the guardian) is granted legal authority and responsibility to care for and make decisions on behalf of an individual who is unable to care for themselves due to factors such as incapacity, disability, or advanced age. This type of guardianship applies to both minors and adults who require assistance and protection.
For minors, a legal guardianship is established when the child’s parents are unable to provide proper care or have passed away. The guardian assumes responsibility for the child’s physical custody, care, and welfare, making decisions related to their upbringing, education, healthcare, and other important aspects of their lives.
For adults, a legal guardianship may be necessary when an individual is unable to make sound decisions or manage their own affairs due to mental incapacity, physical disabilities, or other impairments. The guardian is appointed to make decisions on behalf of the adult ward, which may include matters related to healthcare, financial management, housing, and overall well-being.
Our attorneys only represent children from 0 to 18 years of age.
Guardianship Proceedings:
- The prospective guardian must file a petition with the appropriate California Superior Court. The petition includes information about the guardian, the proposed ward, the reasons for seeking guardianship, and supporting documentation.
- Once the petition is filed, notice of the guardianship proceedings must be given to interested parties, such as the parents, relatives, or other individuals who may have an interest in the welfare of the proposed ward. The court may require personal service or notice by mail.
- The court may appoint an investigator or guardian ad litem to assess the situation and provide a report to the court. This investigation helps determine whether guardianship is necessary and in the best interests of the proposed ward.
- The prospective guardian may be required to undergo a background check, including fingerprinting, to ensure the suitability of the guardian.
- A court hearing is scheduled to review the petition and assess the qualifications of the prospective guardian. During the hearing, evidence and testimony may be presented to support the need for guardianship and the suitability of the guardian.
- The court evaluates the best interests of the proposed ward and considers factors such as the relationship between the guardian and the ward, the guardian's ability to provide care, and the wishes of the proposed ward if they are capable of expressing them.
- If the court determines that guardianship is necessary and in the best interests of the ward, a guardian is appointed. The court issues Letters of Guardianship, which provide the guardian with legal authority to act on behalf of the ward.
- After the guardianship is established, the court may require periodic reports from the guardian to ensure the well-being and best interests of the ward are being upheld. The court retains jurisdiction over the guardianship and may modify or terminate it if circumstances change.