The concept of guardianship is a complicated area of the law. That is why consumers need a guardianship lawyer in Temecula. First, there are many different types of guardianships, and most have to be approved by a court. Further, some guardians are trustees of a ward’s estate. The court requires a detailed accounting of every dollar spent.
Guardianships Involving Children
There are a few reasons why a child would need a guardian. For instance, some children cannot live with their parents for one reason or another. Therefore, whoever they live with should obtain guardianship papers. It does not matter whether they live with grandparents or other relatives.
Legally, guardianship papers are needed to take a child to the doctor or register them in school. Likewise, a person must be a guardian to collect benefits for the child. For example, a mentally-disabled child who receives disability must have a payee for their check. The government expects the payee to be a guardian.
Parents May Need Guardianship Papers
There are circumstances when parents need a guardianship lawyer in Temecula. For example, a child may be injured in an accident and receive a settlement. Many jurisdictions require a guardianship for the personal injury settlement if the amount is over $5,000. Guardians must undergo strict credit and background checks. If the parents do not qualify, the court will appoint a guardian.
Guardianships for the Elderly
There are two types of guardianships that affect the elderly. Many senior citizens need guardians when they are unable to care for themselves. The court will consider a guardianship petition from a relative, friend, or even an agency. The guardian will have the authority to care for the individual or may choose to place them in a home.
Sometimes, a guardian may not qualify to be in charge of the ward’s estate. At that point, the court establishes a separate guardianship to handle the ward’s finances. The guardian of the estate must collect all monies for the ward and place them in a bank account. The court makes sure that all bills and living expenses are paid out of the bank account. For more information, visit the website of the Law Office of Michelle Penna.