Guardianships

Guardianship is a court process in which someone other than a parent is given custody of a child or when a parent or other person is given authority over a child's property. The child, called the "minor" or "ward," must be under the age of 18. A legal guardian is an adult the court chooses to be responsible for and care for a child, manage the child's property, or both.

A guardianship of the estate allows the guardian to make financial decisions for a child, and is often filed when a minor is to receive a large monetary gift or inheritance. Both parents and non-parents can become guardians of the estate for children. In guardianships of the estate, the court may require the funds to be placed into a blocked account; withdrawals are allowed only with prior court approval.

The law requires that the Probate Court conduct an investigation of anyone seeking to become a guardian. There is a fee for this investigation.

As an alternative to a guardianship, "caregiver's authorization affidavit" may be completed.  This form allows a relative to enroll a child in school and get medical treatment. Non-relatives may also use this form to enroll a child in school and to receive school related medical treatment.

If an emergency exists, that is a situation such that irreparable harm will result if immediate action is not taken by Court, a temporary guardianship may be appropriate. A temporary guardianship enables a person to have legal guardianship of a child prior to the general guardianship hearing. It cannot be filed separately from a guardianship.  A petition for temporary guardianship can be filed at the same time as the petition for general guardianship or at some time later, when a need arises. A Petition for Appointment of a Temporary Guardian should include detailed information about the present danger to the child, and that it include copies of any existing police reports, CPS recommendations, etc.

Forms needed to apply for appointment of a permanent guardianship are:

• Petition for Appointment of Guardian of Minor (Judicial Council form GC-210)

• Notice of Hearing - Guardianship or Conservatorship (Judicial Council form GC-020)

• Confidential Guardian Screening Form (Judicial Council form GC-212)

• Confidential Guardian Screening Form, additional page, (except Private Fiduciary, Public Guardian and the Dept. of Developmental Services), Local Form PR-E-LP-008

• Notification to Court of Address on Guardianship, Local Form PR-E-LP-012

• Declaration of Guardian Re: Civil Litigation (Local Form PR-E-LP-011)

• For Guardianships that include the person: Declaration under Uniform Child Custody Jurisdiction and Law Enforcement Act (UCCJEA) (Judicial Council Form GC-120)

• Attachment 7c to the Petition for Guardianship (only if petition states that the minor has Native American Ancestry) (Local Form PR-E-LP-006)

These forms can be download at: http://www.saccourt.com/index/fees.asp.

Once the Petition for Appointment of Guardian has been filed, the clerk will set the matter for hearing. The hearing will generally be set 45 days from the date of filing. During the period of time from the filing to the hearing, a Court Investigator will complete a background investigation of each proposed guardian, any adult living in the home where the minor will reside and for any person listed as a potential caregiver for the child.

An on-line program which will assist you in completing guardianship forms is available at http://www.ezlegalfile.org.

Follow the link below to view an informative video about how to apply for a guardianship:
mms://media.saccourt.com/guardian

Additional information regarding the guardianship process is available at: http://www.courtinfo.ca.gov/selfhelp/family/guardianship.