Guardianships
Caring Legal Guidance When a Child Needs Protection
When a child’s parents are unable to care for them due to illness, death, addiction, incarceration, or other circumstances, a legal guardianship may be necessary. At LawSmyth, APC, we help families establish probate guardianships to ensure minors are protected, supported, and given a stable legal framework for their care.
What Is a Probate Guardianship?
A probate guardianship is a court proceeding where an adult, who is not the child’s parent, is appointed by the court to care for a minor. The appointed guardian may be responsible for the child’s personal well-being, financial affairs, or both.
There are two (2) main types of guardianships in California:
Guardianship of the Person
The guardian takes legal custody of the child and is responsible for their daily care, education, health decisions, and living arrangements.Guardianship of the Estate
The guardian manages the child’s finances, income, or inheritance until the child reaches adulthood.
Guardianship is different from adoption. It does not sever parental rights, and it may be temporary or permanent depending on the child’s needs.
When Is Guardianship Appropriate?
A guardianship may be needed when:
Both parents are deceased or unavailable
A parent is unable to provide a safe, stable home
A minor receives assets or an inheritance requiring court supervision
A child’s current care arrangement lacks legal authority for school, medical, or financial decisions
We also help grandparents, aunts, uncles, and close family friends step in legally to care for a child when the biological parents cannot.
Our Guardianship Services
At LawSmyth, APC, we assist clients with:
Filing for guardianship through the probate court
Preparing court forms and notices
Representing guardians at hearings
Opposing or modifying guardianships, when necessary
Advising on a guardian’s ongoing legal duties
Navigating complex situations involving Child Protective Services (CPS) or family disputes
We aim to simplify the legal process and help ensure the minor’s best interests remain the central focus.
Why Choose LawSmyth, APC?
Guardianships are more than a legal process. It is a life-changing responsibility. We bring empathy, experience, and careful legal guidance to help ensure children receive the stability and protection they need and deserve.
Experienced in California guardianship law
Skilled in both routine and contested matters
Focused on protecting children and supporting families
Responsive, respectful, and solution-oriented counsel
Understand Your Options
If you are considering a guardianship or have questions about how to care for a minor legally, contact LawSmyth, APC. We are here to help you understand your options and take action with confidence.