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San Jose Divorce Attorney > Blog > Guardianship > What is Guardianship and Why Might You Need One?

What is Guardianship and Why Might You Need One?


When it comes to ensuring the well-being and protection of a child or an individual who is unable to make decisions for themselves, guardianship plays a crucial role. Guardianship is a legal relationship that grants an appointed individual the authority and responsibility to care for and make decisions on behalf of another person, known as the ward. At Foster Hsu LLP, we understand the importance of guardianship and its significance in providing support and stability to those who need it the most.

When is Guardianship Used?

Guardianship is relevant in situations where minors are involved, such as when parents are unable to provide proper care due to illness, incapacity, or other unfortunate circumstances. In such cases, a legal guardian is appointed to act in the best interests of the ward, ensuring their needs are met and their rights are protected.

Are There Different Types of Guardianship?

Yes! There are different types of guardianships that serve specific purposes. Let’s explore some of the common ones:

  1. Guardianship of the Person: This type of guardianship involves the responsibility for making decisions related to the ward’s personal well-being, including healthcare, education, and day-to-day care. The guardian ensures the ward receives proper medical treatment, education, and emotional support.
  2. Guardianship of the Estate: In this form of guardianship, the appointed guardian is responsible for managing the ward’s financial affairs. This includes handling assets, paying bills, and making financial decisions on their behalf. The guardian must act in the ward’s best interests and manage their resources prudently.

Why Do I Need Guardianship?

Guardianship ensures the well-being and safety of vulnerable individuals who cannot protect themselves or make decisions independently. It provides them with a legal framework of support and care, ensuring their needs are met.

What is the Role of a Guardian?

As a guardian, you gain the legal authority to make decisions on behalf of the ward. This includes decisions about their healthcare, education, residence, and finances. Having this authority allows you to act in the best interests of the ward and provide necessary guidance and support.

Reach Out to Foster Hsu LLP Today For Help

Establishing guardianship involves a legal process that requires the guidance and expertise of an experienced attorney. At Foster Hsu LLP, our dedicated San Jose guardianship lawyers can help you navigate the complexities of guardianship laws in California, ensuring that your loved one receives the care and protection they deserve.

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