If you wish to become a guardian and understand your roles, responsibilities, and rights under the law, then it is quite likely that you will find this article not only interesting but also informative. When one talks about guardianship under the law, they often think about a court order on someone else who is not the child’s parent. The order may cover details regarding the custody of the child, instructions and orders regarding the management of the child’s custody or it will include both. To understand more about guardianships as they work in Orange County we have to understand that there is a difference between guardianship and adoption.
The Difference Between Adoption and Guardianships
When a person is given guardianship rights, he or she still continues to have parental rights. They can and are eligible for reasonable contact with the child. However, in the case of an adoption, the rights of the parents are permanently stopped and come to an end. The guardianship can come to an end on instructions that are accordingly given by the court if the parents are unable to take proper care of the child. However, in the case of adoption, the legal status continues to remain permanent and is equivalent to that enjoyed by a biological mother and father. Guardians are often supervised by the court in the case of inheritance of properties and other such events. However, in the case of adoption, the adopted child inherits properties from the adopted parents as it happens in a normal case. Finally, after an adoption, the court does not supervise the families in any case whatsoever.
What is Probate Guardianship?
When we talk about guardianship as applicable under the Orange County law, we also should be aware of probate guardianship. Put in simple terms, when we talk about probate guardianship we are referring to a court-appointed person who is not the biological father or mother of the child. He or she is appointed by the court to take care of the child and/or the property and estate of the child. A probate guardianship is granted only if the child is not a party to any juvenile court action or family court. There are basically two types of probate guardianship in Orange County. The first is the guardianship of the person and the second is the guardianship of the estate of the child. The first guardianship is all about taking care of the basic needs of the child and also ensuring its protection and safety. The medical, dental and other care should also the responsibility of the guardian under probate guardianship.
The second is about managing the money and wealth of the child. They should also ensure that they make smart and sensible investments of the child’s money and take all due care to manage the property of the child. However, as per the local laws, guardianship may not be needed if the child holds only inexpensive property and other such items as clothing. If the child is a recipient of social security benefits, then the need for managing of the estate of the child may not be needed as far as the guardians are concerned.
For more information, seek representation from an adoption attorney today.
