Temecula & Murrieta Guardianship Attorney
Serving Residents of California's Coachella Valley
Our team at Penna Coker A Family Law Firm APLC is prepared to help you with your guardianship case, no matter how large or small the matter may be. We understand that this is an emotional and often stressful time for you and your family, and we want to ensure that you are fully informed about all of your options and rights. Our firm has the legal experience and resources to help you fight for the best interests of your loved one.
Speak with a Temecula and Murrieta guardianship lawyer by calling (951) 900-3342 or filling out our online form.
What Is a Guardianship?
A guardianship is a legal arrangement in which one person, known as the guardian, is appointed by the court to make decisions on behalf of another person, known as the ward.
Guardianship proceedings are filed when an adult is no longer capable of caring for themselves or their assets and needs someone else to step in and make decisions on their behalf.
If you are seeking a guardianship, our firm can help you obtain a court-ordered guardianship. A court-ordered guardianship is when the court makes the decision on who will be your ward's guardian, whereas a voluntary guardianship is when you choose your own guardian.
Some of the most common reasons why an individual may need a guardian include:
- The individual is suffering from a cognitive impairment or dementia
- The individual is no longer able to make financial decisions due to mental incapacity
- The individual is a victim of domestic violence and needs protection
- The individual is at risk of being a victim of fraud or abuse
- The individual is a ward of the state and needs a guardian
How Do I Find a Guardian?
A guardian is appointed by the court and is given legal authority to make decisions on behalf of the ward. The court will appoint a guardian if the ward is found to be incapacitated.
The process of finding a guardian can be lengthy, but our firm can help you find a suitable guardian for your loved one. We will work with you to identify qualified volunteers who are willing to serve as a guardian, as well as individuals who are already serving as a guardian for someone else. We will also assist you in filing the necessary court documents to request the appointment of a guardian for your loved one.
Some of the factors the court will consider when appointing a guardian include:
- The needs of the ward
- The ability of the proposed guardian to care for the ward
- The relationship between the ward and the proposed guardian
- The ability of the proposed guardian to fulfill the responsibilities of a guardian
What Is a Power of Attorney?
A power of attorney (POA) is a legal document that allows an individual to appoint another person, known as an agent, to act on their behalf. A power of attorney can be set up to allow the agent to act on the principal's behalf in a specific area (such as healthcare or financial) or in all areas.
The authority granted by a power of attorney can either be durable or nondurable.
A durable power of attorney:
- Can be terminated by the principal, if they regain their mental capacity
- Lasts until the principal dies
A nondurable power of attorney:
- Lasts for a specific period of time
- Cannot be terminated by the principal
Some of the most common powers of attorney include:
- Healthcare power of attorney
- Financial power of attorney
- Living will (also known as a medical power of attorney)
Is a Power of Attorney Required?
A power of attorney is not required, but it can be extremely helpful in case you become incapacitated and are not able to make your own decisions. It is important to appoint a power of attorney, especially if you have a spouse or adult children since they will be able to make decisions on your behalf.
If you have a durable power of attorney in place, then your agent can make decisions on your behalf even if