Best Guardianship Lawyers in San Mateo

About Guardianship Law in San Mateo, United States

Guardianship is a legal relationship in which the court appoints an individual or organization (the guardian) to care for another person (the ward), who is typically a minor child or an incapacitated adult, and manage their personal and sometimes financial affairs. In San Mateo, California, guardianship is designed to protect the welfare and interests of those who cannot make decisions for themselves due to age or incapacity. The process is governed by California state law, but local courts, like the San Mateo County Superior Court, have specific procedures you must follow.

Why You May Need a Lawyer

Guardianship proceedings can be complex, emotionally charged, and have long-term ramifications for everyone involved. Common situations in which individuals may require legal assistance include:

• Seeking guardianship of a minor when parents are unavailable, deceased, or unable to care for them
• Opposing a guardianship petition concerning your child or relative
• Obtaining guardianship for an incapacitated adult who can no longer manage their own affairs
• Addressing disagreements among family members regarding who should be appointed guardian
• Navigating the requirements and paperwork for the guardianship process
• Complying with ongoing court reporting and fiduciary responsibilities as a guardian
• Terminating or modifying an existing guardianship

An experienced guardianship lawyer can help you understand your rights, prepare necessary documentation, represent you in court, and ensure the best outcome for the proposed ward.

Local Laws Overview

Guardianship in San Mateo is governed primarily by the California Probate Code sections 1400-2955 for minors, and 3600-3925 for adults (known as conservatorships). Some key aspects relevant to San Mateo include:

• The Superior Court of California, County of San Mateo, handles all guardianship petitions
• For minors, guardianship can be established over the person (for care and custody) and/or the estate (for managing property or finances)
• Guardianship of the person involves decisions about the minor’s living arrangements, education, and medical care, while guardianship of the estate involves managing money or property
• For adults, the equivalent is called a conservatorship, which has its own set of requirements
• A court investigation is required before a guardianship can be established. Investigators review the suitability of the proposed guardian
• All interested parties, including parents, must be notified and have a chance to object
• The court prioritizes the best interest of the ward in all decisions
• Guardians are subject to ongoing supervision, including annual reporting

Local procedures may include specific forms and notice requirements that differ from other counties in California.

Frequently Asked Questions

What is the difference between guardianship and adoption?

Guardianship does not terminate the parents’ rights, whereas adoption is permanent and severs the legal relationship between parent and child. Guardianship can be temporary or long-term, and parents may still have visitation or regain custody.

Who can be appointed as a guardian in San Mateo?

Anyone over the age of 18 who is capable and willing to take on the responsibility can be appointed, including relatives, family friends, or non-relatives, subject to court approval.

What are the main types of guardianship?

Guardianship of the person (caring for the ward’s daily needs) and guardianship of the estate (managing financial resources). Some guardianships involve both.

Do I need to notify the child’s parents about guardianship proceedings?

Yes, the law requires that the child’s parents, grandparents, and other relevant family members be notified before the guardianship hearing can proceed.

How long does the guardianship process take?

The timeline varies, but it typically takes several weeks to a few months, depending on how quickly the paperwork is filed, whether there are objections, and the court’s schedule.

Is a lawyer required for guardianship cases?

While not legally required, having a lawyer is highly recommended due to the complexity of the process, especially if there are disputes or you are not familiar with court procedures.

Can guardianship be temporary?

Yes, courts can grant temporary guardianship if there is an immediate need, which remains in effect until a full hearing can be held for permanent guardianship.

What are a guardian’s responsibilities?

Guardians must act in the best interests of the ward, provide for their care and well-being, make decisions regarding education and medical care, and manage finances if appointed over the estate, all under court supervision.

How can guardianship be ended?

Guardianship may end when the ward turns 18, if a parent or relative petitions to end it and shows the court it is no longer necessary, or if the ward passes away or regains capacity.

Where are guardianship petitions filed in San Mateo?

Petitions are filed at the Superior Court of California, County of San Mateo, located at the courthouse in Redwood City.

Additional Resources

If you need help or information regarding guardianship in San Mateo, the following resources may be useful:

• San Mateo County Superior Court - Probate Division
• San Mateo County Bar Association’s Lawyer Referral Service
• California Courts Self-Help Center
• San Mateo County Department of Child and Family Services
• Legal Aid Society of San Mateo County
• Court Investigators Office (for guardianship investigations and reports)

Next Steps

If you need legal assistance with a guardianship matter in San Mateo:

• Gather all relevant information about the proposed ward, including birth certificates, medical reports, and any existing court documents
• Contact a local guardianship lawyer or the San Mateo County Bar Association’s Lawyer Referral Service to get a legal consultation
• Obtain and complete the necessary guardianship forms from the San Mateo County Superior Court’s Probate Division
• Attend any required hearings and be prepared to present your case to the judge
• Stay informed about your ongoing duties and reporting obligations as a guardian if appointed

Seeking professional legal assistance can help ensure that you comply with all legal requirements and act in the best interests of your loved one.