Articles Posted in Guardianship

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San Jose Family Law Attorney offers suggestions on making wise elder care decisions.

When families are faced with the decision of providing elder care at home, in a nursing home or assisted living facility for a relative, there are a number of factors to consider before rendering a decision. Here are some good questions to answer that will provide guidance as you navigate the difficult and emotion-laden elder care process.

  1. Does your loved one currently reside in his or her own home? If your loved one does but doesn’t seem able to manage the home, don’t be too hasty in selecting an independent living or assisted living facility or nursing home. Once your love one no longer has a home, he or she may no longer be eligible for in-home care, often a less expensive but just as effective option in providing the care your loved one needs.
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San Francisco Family Law Attorney explains the guardianship process.

Parents who do not plan for their child(ren)’s guardianship as part of their estate plan run the risk of the court appointing a probate guardian, who will have legal and financial responsibility for any minors until they reach the age of 18.

There are three types of guardianship that the court may order:

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San Jose Family Law Attorney Discusses the What Happens to the Children When a Parent Dies

With the death of Michael Jackson, and a potential custody battle arising between Katherine Jackson, the mother of Michael and Debbie Rowe, Jackson’s second wife and the biological mother of Prince Michael, 12, and Paris, 11, much talk has arisen about what happens when a custodial parent dies.

Generally, if a custodial parent dies while the child is a minor, the surviving parent would be entitled to sole legal custody. Other third parties such as aunts, uncles or grandparents may try to obtain custody of the child by filing an independent proceeding such as a guardianship, dependency or in the case of grandparents, a Petition for Grandparent Visitation. The other family members may be awarded custody if they can show that it would not be in the child’s best interest to be in the custody of the surviving parent and to do so would be detrimental to the child.

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San Jose Family Law Attorney Discusses California Surrogacy and Adoption Laws

Lately, Sagaria Law has received several calls about surrogacy and adoption. Surrogacy comes in two main forms: gestational or traditional. Gestational surrogacy is where the embryo and resulting child is genetically related to both parents. Traditional surrogacy involves the use of donor eggs and sperm, or artificial insemination.

Surrogacy law in California is governed by 2 Supreme Court cases: Johnson v. Calvert and Marriage of Buzzanca. Johnson is a case of a gestational surrogate (genetic material from both parents, surrogate to carry the child), and the Supreme Court ruled that when two women have valid claims to motherhood, the tiebreaker is the intent at the time of conception. Therefore, the natural mother of a child is the person who intended to bring about the birth of a child and raise it as her own. In Marriage of Buzzanca, the Court dealt with a case of two infertile parties who used donor sperm and donor eggs to implant in a paid surrogate. In that case, the court held that where a married couple, unable to procreate on their own, intends to bring about the birth of a child through the use of medical technology, those individuals will be held to be the legal parents, regardless of genetics. This holding should apply to surrogacy cases where the surrogate has been artificially inseminated with the intended father’s sperm, but since there is no clear ruling on this particular issue, it is possible the court would decide differently under that set of circumstances.

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Sacramento Divorce Attorney Discusses Guardianships

Lately, our office has fielded a bunch of calls from people interested in setting up guardianships for minor children either who are friends or family. One of the first questions is usually, what is a guardianship and why would a child need one?

A guardianship is established by a court order when the court appoints an adult, who is not the parent, to be responsible for a minor. This may occur if a parent is deceased, incarcerated or otherwise unable to care for a minor child. Guardianships are specific to children – where an adult is unable to care for themselves, the appropriate procedure is a conservatorship.