A probate attorney in Chandler AZ can provide valuable insight if a beneficiary of an estate is a minor child. Learn about probate and guardianship in Chandler, Arizona.
There are three types of legal custody in Arizona: guardianship, adoption, and probate. Each type of custody has different purposes and involves different people. In cases of how to establish and exercise guardianship, a probate attorney in Chandler AZ can provide valuable insight and guidance.
For a start, guardianship may seem similar to adoption but they are legally different in so many ways. Guardianship is a type of legal custody that allows a person to take over parental responsibilities for a minor. The guardian is usually someone who is close to the family, such as a grandparent, aunt, or uncle. In some cases, the guardian may be someone who is not related to the family, such as a close family friend or neighbor.
Adoption is the process of placing an adoption order with the government. The process changes the relationship of the adoptive parents with the adopted child. They become the legal parents of the child and have all the rights and responsibilities that come with parenting.
Probate is the process of conducting an estate or death inquiry in order to determine who will inherit a deceased person’s assets and possessions after their death. It can also be used to settle any claims against the estate. A probate attorney in Chandler AZ can provide the needed knowledge to comply with any technicalities in this matter. In some cases, probate may be necessary even if there is a will because not all assets may be covered by the will.
How Is A Guardianship Different From Adoption?
One can become a parent through adoption. The legal process of adoption establishes a new relationship between the adoptee and their adoptive parents. This relationship is permanent and cannot be undone, unlike guardianship.
Once the adoption is finalized, the adoptive parents have all the rights and responsibilities of a birth parent. The birthparents’ rights are terminated, and they can have no further contact with the child unless the adoptive parents agree to it.
Guardianship, on the other hand, does not provide the same level of legal status. If the birth parents haven’t been relieved of their parental rights, they retain the right to request that the court remove their child from guardianship. The care and custody of the child thus return to the birth parents.
An appointed guardian has the power to make major decisions about the child’s education, medical care, and other important aspects of their life. In some cases, the guardian may also have the authority to make financial decisions on behalf of the child.
Guardianship and adoption can differ in terms of how long it takes to complete, and what types of decisions must be made about the guardian’s role and responsibility.
The Difference In Legal Status And Decision Making
There are many differences between adoption and guardianship in Arizona. Adoption is a legal transaction that occurs when two families find each other and agree to adopt a child. The child then becomes a permanent member of the family, with all the same rights and responsibilities as a biological child.
Guardianship, on the other hand, is an arrangement between the parents or legal guardians of minor children in order to care for them. This is usually for the benefit of either party and with the consent of both parties involved.
Generally speaking, adoptions are more final than guardianships. Adoptions, once signed by the court, can only be undone in very rare circumstances. In contrast, guardianship can be terminated by either party at any time, though there are some exceptions to this rule.
Whether you are considering adoption or guardianship, it is important to speak with an experienced attorney to learn more about your options and what is best for your family. It is best to consult with an experienced probate attorney in Chandler AZ before making any estate planning arrangements involving a minor beneficiary.
Death And Inheritance
When a child dies, the parents have the right to claim the body. If the child was adopted, the adoptive parents have the same rights as the biological parents. If the child was in guardianship, the guardian appointed by the court has custody of the child’s body. An experienced probate attorney in Chandler AZ can help draft practical arrangements involving the passing of either the adopted child or the adoptive parents.
If the adoptive parents pass away without a Will, the adopted child is treated just like a natural-born child. This means that adopted children will inherit everything as if they were born to the deceased parents.
However, guardianship does not have the same rights of inheritance as adoption. A guardian is someone who is appointed by the court to take care of a minor child. That means if the child’s parents die, the guardian will not inherit anything unless it is specified in the Will. On that same note, if a guardian passes away the ward or child under guardianship does not inherit anything from them.
Discuss Your Options With A Probate Attorney In Chandler AZ
There are many different ways to create or assume legal responsibility for a child. Adoption and guardianship are two of the most common, but they are very different processes.
Whether you are considering adoption or guardianship, it is important to speak with an experienced attorney to learn more about your options and what is best for your family.
In cases relating to guardianship, the Keystone Law Firm has an experienced probate attorney in Chandler AZ ready to provide insight. There are certain technicalities involved in guardianship and probate, and these need to be addressed right off the bat. Contact the firm for a free evaluation and gain the benefit of experience and knowledge extended by skilled probate attorneys of the firm.
