Your San Diego Guardianship Lawyer
It is necessary at times for a person to take over legal responsibility for a child's welfare, even if that person is not the child's parent. Seeking guardianship is often the best choice during such hard times, but it can be complicated and stressful to do it alone. Our experienced San Diego guardianship lawyers can help you navigate the process so that it goes as smoothly and quickly as possible.
What Is Guardianship?
Guardianship is when an adult, generally someone who is not a child's parent, is appointed by the court to be legally responsible for that child's personal care, finances, or both. A guardian has the legal authority to make decisions for the child in areas such as education and medical treatment. Seeking guardianship is appropriate where the child's parents are physically or mentally unable to perform these duties themselves.
Is Guardianship the Same as Adoption?
Guardianship is different from adoption in a few key ways. Under guardianship, parents still have parental rights (such as asking for reasonable contact or visitation), the court can end the guardianship, and guardians are supervised by the court. With adoption, the birth parents' rights are permanently terminated, the adoptive parents are considered the real parents for all legal purposes, an adopted child inherits from his/her adoptive parents (just like a birth child would), and adoptive families are not supervised by the court.
Why Choose Brierton, Jones, & Jones
Marked by Integrity
A reputation for professional excellence built up over 30 years of practice in San Diego.
Driven by Excellence
Award-winning attorneys with decades of experience resolving even the most complicated issues and cases.
One of the few San Diego firms that focuses exclusively on trust and estate matters.
Creative Problem Solving
A focus on problem solving to efficiently resolve cases.
Our clients and their families return to us generation after generation.
Our attorneys have been actively involved in the local community from the firm’s inception.
Estate Planning Terms to Know
Guardian – The person who is appointed by the court and authorized to make personal and/or financial decisions on behalf of the minor.
Minor – A person under the age of 18.
Guardianship of the Person – A guardianship in which the guardian is appointed to see to the personal care of a child, such as food, clothing, shelter, safety, medical and dental care, education, and any special needs.
Guardianship of the Estate – A guardianship in which the guardian is appointed to manage a child's financial assets, such as an inheritance.