WHO CAN BE A LEGAL GUARDIAN?

• Relatives

• Family friends

• Any other trusted Adult

A Guardianship is a legal action in which a party files a Petition for Guardianship with the Probate court in the County of residence where the person/minor is found.

This Petition comes before the court and the Judge can approve the Petition so that
An Adult (other than the Parent) is given the authority to physically care or handle the property/assets of a minor, once the proper notice to relatives has been given. The court may not approve your Petition if you have been convicted of a felony, you can’t manage money or you are charged with abusing or neglecting a minor.

A Guardian shall serve in the capacity of a Guardian until released by the Court. This can occur when the minor reaches the age of 18 or earlier if the Guardianship is terminated by the Court.

In California, the means by which you can obtain a Guardianship is through the appointment of a person by a Judge. Informally signing an agreement/or naming someone in your will giving a third party guardianship does not automatically make that person your child’s guardian.

There are two types of Guardianships or powers your Petition can request.

• Guardianship of the Person (Custody)

• Guardianship of the Estate (Property)

A Guardianship of the Person gives an adult the authority to take custody/care of the child such as enrolling is school or obtaining medical care.

A Guardianship of the Estate maybe necessary in order for an Adult/third party to manage a minor’s money/property/other assets that are in the sum of over $5,000.00, obtained through inheritance, insurance proceeds or if the minor will receive benefits from an agency that requires a guardianship of the Estate before dispensing any benefits due the child.

A court will consider the proposed Guardian carefully before appointing that person. An investigation of the proposed Guardian will take place and a report will be provided to the court. Judges have discretion when deciding who to appoint as a Guardian and are given guidelines provided by the Family Code such as sections 3040 and 3041.


The Order of Preference for appointing a Guardian of the Person is:

1. To Parents, if available.
   
   
2. Person with whom the minor has been living in a wholesome, steady and secure environment.
   
   
3. Other adult who can provide care and guidance to the minor pursuant to California Probate Code Section 1514.
   

Once you are appointed you must keep accurate records of any and all money and property you have managed for the minor and you will need to provide an accounting to the court. You can be removed as a Guardian if you fail to file your accounting as required. The required format is found in the probate code.