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CALIFORNIA GUARDIANSHIPS

A People’s Choice can save you hundreds of dollars by preparing your California guardianship documents instead of an expensive attorney!

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Guardianship: A guardianship of a minor establishes an adult who is responsible for a minor child. A guardianship cannot be established for an adult who cannot take care of themselves (see Conservatorships). A Guardianship is a court process whereby the judge gives someone that is not the child's parent custody of the child, or the right to control the child's property, or both. To become a guardian, you must file a petition, and the court has to approve it.

In most situations, California law requires that minors have an adult guardian who is responsible for them. If the court orders guardianship, it can be:

1. Guardianship of the child's person (custody),
2. Guardianship of the child's property (called "estate"), or
3. Both.

A Guardian of the minor’s PERSON has legal custody of the minor, and is responsible for taking care of the mino’r’s well -being. A guardianship of the minor’s ESTATE is necessary if the minor has substantial assets, such as an inheritance. Depending on your situation, you may need a guardianship of the minor’s person, estate or both.

A court ordered guardianship is legal recognition that an adult has responsibility for taking care of the physical needs of a minor, or for handling the minor’s assets. A legal guardianship cannot be established informally nor does it becomes automatic if you are named in a deceased parent’s will. In California, you must file legal documents with a court, appear in a court hearing and be appointed guardian by a judge. If the court chooses you to be a child's guardian, you'll take on important jobs and obligations. Because you will be responsible to the court for your actions, you must understand your job and responsibilities as a guardian. A clear description of a guardian’s responsibilities and duties are outlined in the Guardianship pamphlet published by the Judicial Council of California.

Once appointed, you must serve as guardian until you are legally released by the court from you duties. This could be when the minor reaches age 18 or earlier if the court terminates the guardianship. There may be other alternatives to allow you to care for a minor without getting a formal legal guardianship. Special Caregiver and Guardianship Authorization forms and other statements can be prepared and notarized which can give a non-parent a broad range of responsibility for a minor, such as to obtain benefits and apply for health insurance, authorize medical care or enroll the minor in school.

Filing Your Proceeding Using our Self-help Services: In view of the voluminous paperwork required by the court, preparing all of the necessary guardianship documentation can easily be overwhelming for the average lay person. For routine proceedings, this process can easily be facilitated with our full service document preparation and processing.

A People’s Choice can save you hundreds of dollars by preparing your California guardianship documents instead of an expensive attorney!

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A People’s Choice is a Registered Legal Document Assistant’s Office.
We are not attorneys and cannot select legal forms.
Reg. LDA #5, Ventura Co., Exp. 11/30/2014

Information provided through this site has been taken from self-help informational publications provided by the Court or other legal sources believed to be reliable. This information is general, published, factual information and should not be cited on or relied on as legal authority nor should it be considered legal advice. It is always recommended that you seek legal advice from an attorney before filing any legal proceedings. Many attorneys offer free consultations

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