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Legal Guardianship in California

What is Legal Guardianship?

Legal guardianship is a court-ordered relationship in which a non-parent adult is given the legal authority to care for a minor child. This includes making decisions about the child’s health, education, and overall welfare. Importantly, guardianship does not terminate the legal rights of the parents—it temporarily suspends them while the guardianship is in effect.

Guardianship is usually necessary when the child’s parents are:

  • Unable to provide care due to illness, incarceration, or substance abuse.
  • Deceased or missing.
  • Willing to transfer care temporarily to someone else.

Types of Legal Guardianship

In California, there are two types of legal guardianship:

Guardianship of the Person

The guardian is responsible for:

  • The child’s daily care (housing, food, clothing).
  • Enrolling the child in school.
  • Making medical decisions.
  • Providing emotional and psychological support.

Guardianship of the Estate

This applies when a child inherits money or property and needs someone to manage it. The guardian:

  • Handles the child’s finances.
  • Files taxes and manages investments.
  • Acts in the child’s best financial interests.

Note: Most guardianship cases involve only guardianship of the person unless the child has inherited assets.

Who Can Become a Guardian?

To be appointed as a guardian, you must:
  • Be at least 18 years old.
  • Be physically and mentally capable of caring for a child.
  • Pass a background check.
  • Have no serious criminal history.
  • Be able to provide a stable, safe home.
Immigration status is not a barrier to becoming a legal guardian in California.

Steps to Obtain Legal Guardianship in California

Step 1: Determine Eligibility

Ensure you meet the legal and practical requirements to care for a minor.

Step 2: File a Guardianship Petition

  • File in the Superior Court of the county where the child lives.
  • Include:
    - Child’s details. - Your information (as proposed guardian).
    - Reasons for seeking guardianship.
    - Names and addresses of close relatives (parents, grandparents, siblings). (Cal. Prob. Code § 1510(b))
  • Petitions may be filed by:
    - The proposed guardian.
    - A child over age 12.
    - Another interested adult. (Cal. Prob. Code § 1510(a))

Step 3: Court Investigation

  • A court-appointed investigator will:
    - Visit your home.
    - Interview you and possibly the child.
    - Conduct background checks.
    - Submit a written report to the judge. (Cal. Prob. Code § 1513)

Step 4: Court Hearing

  • You (and possibly the child) attend a court hearing.
  • If no objections are raised and all conditions are met, the judge may approve the guardianship.
  • If objections arise, the court will hold an evidentiary hearing to determine the child’s best interest.

Alternatives to Legal Guardianship

Legal guardianship is not always necessary. Depending on the situation, these alternatives may work:

Power of Attorney

  • Temporarily transfers decision-making authority to another adult.
  • Useful for:
    - Military deployment.
    - Short-term travel.
    - Medical treatment.
  • Requires notarized consent from the parent(s).
  • Does not require court involvement.
  • Limited in use (e.g., some schools or hospitals may not accept it).

Caregiver’s Authorization Affidavit

  • Allows a caregiver to:
    - Enroll the child in school.
    - Obtain medical care.
  • No court filing required.
  • Requires the child to live with the caregiver.
  • Typically needs consent from the parents.
  • Not suitable for long-term or contested situations.

Frequently Asked Questions (FAQ)

Does guardianship take away the parents’ rights?

No. Guardianship temporarily suspends parental rights but does not terminate them. Parents may request reinstatement through the court.

Can guardianship be challenged by the child’s parents or relatives?

Yes. If a parent or close relative objects, the court will review the case in detail and may require a full hearing.

It typically lasts until the child turns 18, unless:
• The court terminates it earlier.
• The guardian resigns or is removed.
• The parents regain custody.

Get Professional Legal Support

Establishing guardianship is a significant legal step and can be emotionally complex. At Simran Lawyer, we are here to help you navigate every stage—from petition filing to court hearing—so you can focus on what truly matters: the child’s well-being. Contact us today to schedule a consultation and ensure your guardianship process is smooth, compliant, and in the child’s best interest.

Attorney Simran Kaur specializes in criminal defense and immigration law. Simran Kaur began her career as a prosecutor for San Joaquin County.

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