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Ray, Lawyer
Category: Legal
Satisfied Customers: 42184
Experience:  30 years in civil, probate, real estate, elder law
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We have a situation that is complicated. We are in Texas but

Customer Question

We have a situation that is complicated.
JA: What state are you in? It matters because laws vary by location.
Customer: We are in Texas but our grandkids are in Calfornia
JA: Has anything been filed or reported?
Customer: Just got a notice of hearing of guardianship from the other grandparents
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes both parents are incrcerated
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 1 year ago.

You would be able here to intervene with your own lawyer if you are wanting guardianship as well.You have equal priority.You would need your own lawyer to protect your rights.They have to notice you because you have equal priority to seek guardianship or legal custody of the grand kids under California law.

Expert:  Ray replied 1 year ago.

Lawyer referral

You would have to litigate it in California where guardianship has been filed.You have rights here too if you want to challenge.

Expert:  Ray replied 1 year ago.

here are 2 types of probate guardianship:

Guardianship of the person

In a guardianship of the person, the guardian has the same responsibilities to care for the child as a parent would. That means the guardian has full legal and physical custody of the child and can make all the decisions about the physical care of the child that a parent would make. A guardian can be anyone: relatives, friends of the family, or other people suitable to raise the child can ask to be legal guardians.

The guardian is responsible for the child's care, including the child's:

  • Food, clothing and shelter
  • Safety and protection
  • Physical and emotional growth
  • Medical and dental care
  • Education and any special needs

The guardian is also be responsible for supervision of the child and may be liable for any intentional damage the child may cause.

Expert:  Ray replied 1 year ago.

Guardianship of the estate

A guardianship of the estate is set up to manage a child's income, money, or other property until the child turns 18. A child may need a guardian of the estate if he or she inherits money or assets. In most cases, the court appoints the surviving parent to be the guardian of the child's estate.

In some cases the same person can be the guardian of the person and of the estate. In other cases, the court will appoint 2 different people.

The guardian of the estate must:

  • Manage the child's money;
  • Make smart investments; and
  • Manage the child's property carefully.

A guardianship of the estate is created to manage a child's property.
It is needed when:

  • The child owns or receives valuable property, like if a child inherited a house or a large amount of money.

A guardianship of the estate is not needed when:

  • A child only owns inexpensive toys and clothing; or
  • The child receives social security benefits or TANF/CalWorks (welfare).
Expert:  Ray replied 1 year ago.

If you cannot afford a lawyer you can file your own application and serve them

Filing a case to become a guardian

Fill out your forms
Fill out:

  • Petition for Appointment of Guardian of the Person (Form GC-210(P) | video instructions ) if you are asking for guardianship of the person only,
    Petition for Appointment of Guardian of Minor (Form GC-210) if you are also asking for a guardianship of the child's estate;
  • Guardianship Petition--Child Information Attachment (Form GC-210(CA))
  • Notice of Hearing--Guardianship or Conservatorship (Form GC-020)
  • Consent of Proposed Guardian, Nomination of Guardian, Consent to Appointment of Guardian and Waiver of Notice (Form GC-211)
  • Duties of Guardian (Form GC-248)
  • Letters of Guardianship (Form GC-250)
  • Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105/GC-120 | video instructions )
  • Confidential Guardian Screening Form (Form GC-212)
  • Order Appointing Guardian or Extending Guardianship of the Person (Form GC-240) (only fill out the caption - the top box - on this form)
  • Other forms your local court may require. Ask the court clerk if there are local forms you need to fill out.

If you are seeking to become a guardian, you must read the Guardianship Pamphlet (Form GC-205). You can use Forms You Need to Ask the Court to Appoint a Guardian of the Person (Form GC-505) for information on the process of filing for guardianship.

Expert:  Ray replied 1 year ago.

I appreciate the chance to help you tonight.Thanks again, let me know if you have more followup.

If you can positive rate 5 stars when we are done it is much appreciated.