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Archive for the ‘Guardianship’ Category

More About Guardians

Rachael Phillips
December 16, 2014

Recently Sarah wrote about choosing a guardian for minor children in the unlikely event that both parents have died, but what happens when one or both parents are alive but are not able to care for their child? This can happen when the parents have a serious illness or injury, or if the court determines that it is detrimental for the child to remain in their care. It is also possible for a non parent to become a guardian if the parents have left the child in their care for a long period of time. In this case, the child may have bonded with the person and come to view that person as a mother or father, making it in the child’s best interest to remain in their care.

All guardians must be approved by the court (even when nominated by the parent). A court must approve the guardianship in order for the person nominated to obtain legal authority to do things, such as, talk to the child’s doctor or enroll them in school. The court process ensures that the named guardian is qualified to safely and effectively care for the minor child.

Sometimes, there may be alternatives to a formal guardianship that would solve the problems presented in a particular case, and guardianship may not be necessary or appropriate. An attorney who specializes in guardianships can help determine the best way to handle each individual situation.

Nobody’s Perfect

Sarah Savasky
October 30, 2014

If you are a parent you are probably willing to admit that you are not always perfect. This is a good thing to keep in mind when you are contemplating who would take care of your minor children if something were to happen to and your spouse. No parent wants to imagine this scenario, but taking some time to consider who would make the best guardian for your minor child(ren) will likely give you some peace of mind; and although you won’t find a perfect replacement for you, you can likely find the best fit for your child.

When choosing a guardian here are some things to consider:

1. Is this person or couple’s parenting style similar to yours?
2. Do they share the same values and religious beliefs?
3. Would your children have to move to another town and start a new school?
4. Do they have children of their own?
5. How comfortable are your children with them and their children?
6. How would your children fit into their lifestyle?

You may find it helpful to make a list of what is most important to you and choose according to your top three or four priorities. You may decide, for instance, that having someone who shares your parenting philosophy is more important than where they live. Once you have decided on the person or couple who is the best match, it is important to talk to them to make sure they are comfortable being named as guardian(s).

It can also be helpful to remember that the chances that the guardian you have chosen will have to act in that role are very small. It is a big decision, but keeping this perspective can make it less daunting.

Trustee’s Duty to Inform

Rachael Phillips
August 27, 2014

The California Probate Code imposes on a trustee the duty to “keep the beneficiaries of the trust reasonably informed of the trust and its administration.” While the Probate Code specifically requires a trustee to provide certain types of information to the beneficiaries at certain times, it does not include any definition of the phrase “reasonably informed of the trust and its administration.”

In many cases, the more information a trustee provides the better. A trustee is likely to encounter problems with beneficiaries who feel like they are being kept in the dark. The best way to avoid that is to be as open and forthcoming with information as possible. Even where the Probate Code does not require it, the beneficiaries will likely appreciate being informed of any significant actions the trustee plans to take, such as selling or distributing any trust property of significant monetary or sentimental value. On the other hand, it may be more efficient for a trustee to inform the beneficiaries of more routine actions through periodic updates, rather than individual notifications of each and every action taken. The important thing for a trustee to remember is that the beneficiaries have a right to request “information”; therefore, answering questions from beneficiaries is an important trustee responsibility under current California law.

Why Does Someone Need a Conservatorship Attorney?

Rachael Phillips
August 21, 2014

Conservatorships involve a number of steps that can be difficult to manage without experience.  There are many different forms that must be completed and filed with the Court to request appointment of a conservator, as well as deadlines that must be met and procedural steps to follow.  There are state laws that apply in conservatorship proceedings, contained in the California Probate Code, and there are also local rules which vary from county to county.  Many local rules dictate the procedural steps and timeline that must be followed.  A conservatorship attorney will be able to help you navigate the process and people involved, such as the Court Investigations Unit, Probate Examiner and ultimately the Superior Court Judge who hears your case. It is his or her job to make sure that you do everything in the correct manner to achieve the best possible outcome.

If you are seeking to have yourself appointed as the conservator, the conservatorship attorney will also help you understand the responsibilities that you will have as a conservator and the rules that you will be required to follow once appointed.  Conservators have ongoing requirements to provide information to the Court and to certain individuals.  A conservatorship attorney is in the best position to help you keep track of and fulfill these requirements.

The conservatorship attorney can also help you address any concerns of family members, friends or others who might disagree with your decisions or actions.  Sometimes the role of conservator can feel like it has a public relations aspect.  When communication is planned thoughtfully with the help of your attorney, it can go a long way to keeping all family members, case coordinators, Court Investigators and other interested parties happy with your efforts.