Best Guardianship Lawyers in San Bernardino

About Guardianship Law in San Bernardino, United States

Guardianship law in San Bernardino, United States refers to the legal process in which a guardian is appointed to make decisions for a minor child or an incapacitated adult who is unable to make decisions for themselves. The guardian is responsible for the well-being and care of the individual under their guardianship.

Why You May Need a Lawyer

You may need a lawyer for guardianship matters in San Bernardino if you are seeking to become a guardian, contest a guardianship appointment, or have concerns about the well-being of the individual under guardianship. A lawyer can help guide you through the legal process, ensure your rights are protected, and advocate for the best interests of the individual in question.

Local Laws Overview

In San Bernardino, guardianship laws are governed by state statutes, specifically the California Probate Code. Key aspects of local laws that are particularly relevant to guardianship include the requirements for establishing guardianship, the duties and responsibilities of guardians, and the procedures for modifying or terminating a guardianship.

Frequently Asked Questions

1. What is the difference between guardianship and custody?

Guardianship involves the appointment of a guardian to make decisions for an individual who is unable to make decisions for themselves, while custody refers to the legal right to care for a child. Guardianship is typically permanent, while custody arrangements can be temporary or permanent.

2. How do I become a guardian in San Bernardino?

To become a guardian in San Bernardino, you must file a petition for guardianship with the court, attend a hearing, and meet certain eligibility requirements, including being at least 18 years old and passing a background check.

3. Can I contest a guardianship appointment?

Yes, you can contest a guardianship appointment in San Bernardino by filing a petition with the court and providing evidence to support your objections. It is recommended to seek legal advice if you wish to contest a guardianship appointment.

4. What are the duties of a guardian in San Bernardino?

The duties of a guardian in San Bernardino include making decisions about the personal care, medical treatment, education, and living arrangements of the individual under guardianship, as well as managing their finances and reporting to the court regularly.

5. How can I modify or terminate a guardianship in San Bernardino?

You can modify or terminate a guardianship in San Bernardino by filing a petition with the court and demonstrating a significant change in circumstances that warrants a modification or termination. The court will review the petition and make a decision based on the best interests of the individual under guardianship.

6. What is the difference between a guardian ad litem and a guardian?

A guardian ad litem is appointed by the court to represent the best interests of a minor child or incapacitated adult in a legal proceeding, while a guardian is appointed to make decisions for the individual on an ongoing basis.

7. Can a guardianship be temporary in San Bernardino?

Yes, a guardianship can be temporary in San Bernardino if it is determined to be in the best interests of the individual under guardianship. Temporary guardianship is typically granted for a specific period of time or until certain conditions are met.

8. How much does it cost to establish a guardianship in San Bernardino?

The cost of establishing a guardianship in San Bernardino can vary depending on the complexity of the case and whether legal representation is needed. Court fees, attorney fees, and other related expenses may apply.

9. Can a guardian be removed in San Bernardino?

Yes, a guardian can be removed in San Bernardino if they fail to fulfill their duties or if it is determined to be in the best interests of the individual under guardianship. The court has the authority to revoke a guardianship appointment and appoint a new guardian if necessary.

10. How can I find a lawyer for guardianship matters in San Bernardino?

You can find a lawyer for guardianship matters in San Bernardino by contacting the San Bernardino County Bar Association for referrals or searching online for attorneys who specialize in family law and guardianship cases.

Additional Resources

For more information on guardianship in San Bernardino, you can visit the San Bernardino County Superior Court website, the California Courts Self-Help Center, or the California Department of Social Services website.

Next Steps

If you need legal assistance with guardianship matters in San Bernardino, it is recommended to schedule a consultation with a qualified guardianship lawyer to discuss your options and receive personalized advice based on your specific situation.