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Gaurdianship – filing court documents using paralegal

Petition of Guardianship - using paralegal to file court documents.

If you are considering obtaining legal guardianship of a child/minor, there are a few questions that you may have asked yourself:

  1. Can a Paralegal prepare my Petition of Guardianship paperwork or do I have to use an attorney? 
  • A Paralegal can most certainly prepare your legal Guardianship paperwork and submit it online. In fact in most legal offices, a Paralegal is exactly who does so.  There is not a law that requires you to retain an attorney in order to file for legal guardian of a child.
  1. Who can file for Petition of Guardianship?
  • Any interested person can file.  Although it is helpful that the child has been in your care and you have a relationship with this child.
  1. How long does it take for the court to grant my request to become a legal guardian of a child?
  • From the time that the Petition for Guardianship is filed, it could take up to four months for the Guardianship to be granted.  The amount of time varies and depends on the proper notice to relatives and the completed  investigation process by Court to determine the appropriateness of the Guardianship.
  1. How much does it cost to file a Petition for Guardianship in Probate Court?
  • The court costs vary from county to county, however the initial Petition court fees are between $465.00 – $480.00 in addition to the court investigator fees as well.  However, you can submit a Fee Waiver Request and if you qualify, you would not be required to pay the court filing fees and investigator fees.  If the child or you happen to receive Medi-Cal or food stamps, or are receiving SSI Disability, the court automatically waives your court fees.
  1. Does a notarized letter from the child’s parent(s) giving me permission to care for the child hold the same authority as a legal guardian?
  • No.  A notarized letter is not a legally binding document; it is considered

a Letter of Consent.

 

All County Document Services also does Estate Planning Documents and online paralegal assistance for Riverside county, Los Angeles County and Orange county.

Frequently Asked Questions about Guardianship

What is the difference between guardianship and conservatorship?

In California, guardianship is for minors (under 18); conservatorship is for adults. A guardian takes care of a child's person and/or estate.

Do grandparents or relatives qualify as guardians?

Yes – any suitable adult can petition, and relatives commonly do. The court decides based on the child's best interest.

Do I need a lawyer for guardianship?

No. Our paralegals prepare the full petition packet and court notices, saving you thousands compared to attorney representation.

How long does guardianship take?

Typically a few months to the hearing; temporary guardianships can be granted faster when the child's situation requires it.

We are not attorneys. We are paralegals preparing legal documents, saving you money. The information on this site is not legal advice.