Guardianship and the Probate Report Recommendation

At the Law Office of David P. Schwarz we have represented many potential guardians in Orange County Probate Court. A strong guardianship recommendation report done by the probate investigator is major step in getting a guardianship granted by the probate court. Our office has effectively assisted in getting great results from the probate investigators. Please contact our office for a consultation at 949 735 9266 or via the web. We can also be contacted via email at

A Guardianship attorney will strongly influence the outcome of the probate investigation report. These reports are drafted and investigated by individuals working for the Probate Court.

The probate investigator must research and include in its report many important facts which will go into determining if a guardianship can be recommended by the Court.

First the Investigator must look at the social history of the potential guardian. The potential guardian needs to have had a strong and stable history so that they are able to care for someone as if they were there own child.

That also means that the child they are seeking guardianship of needs to be assessed. At the Law Office of David P Schwarz we will ensure that Guardianship investigator effectively research if there are any emotional, psychological or educational needs of that child. Our law office will also make sure that our client as potential guardians will be able as well to effectively care for those special needs of the child.

A very important issue that the guardianship investigator must research is the relationship of the potential guardian and the child they seek to gain custody over. A guardianship lawyer will assist the investigator in gathering information about the duration and character of the potential guardian and the child. There must be some sort of bond between the child and the potential guardian.

Another major issue the investigator must evaluate when making its guardianship recommendation is how the potential guardian came into custody of the child. An Orange County Guardianship lawyer will also let the guardianship investigator know if the child can make a statement regarding their preference to the granting of the guardianship

Since a guardianship can be temporary in nature the investigator must determine in their report if the potential guardians seek a long term guardianship and short term. Often the biological parents will have a say in this. Thus is recommended that the guardians and the biological parents engage in some sort of agreement if possible to discuss the length of the guardianship if possible.

The report must be completed and served on the lawyers or parties who are part of the guardianship proceeding 3 days prior to the hearing.

At the Orange County Law Office of David P Schwarz we have litigated may guardianship cases and petitioned the probate Court on numerous occasions for guardianship. The guardianship reports have always been positive recommendations for our clients. Please contact our office for a consultation at 949 735 9266 or via the web. We can also be contacted via email at

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