Sutter /divisions/probate/guardianships

Source: https://www.sutter.courts.ca.gov/divisions/probate/guardianships

Guardianships

Guardianships Information

A probate guardianship is a court proceeding in which a judge gives custody of a child under the age of 18, or the child’s property, or both, to someone who is not the parent. The proceeding giving custody of a child to a non-parent caregiver is called a “Guardianship of the Person” and the proceeding giving the power to manage a child’s property is called a “Guardianship of the Estate.”

Guardianship Resources

The following resources are available to help you with your paperwork:

Judicial Council self-help website

The Sutter County Family Law Self-Help Center located at 1175 Civic Center Blvd. Yuba City, CA 95993, offers assistance in completing the required forms in a classroom setting. Please check the clinic calendar for the “Guardianship” clinic.

Judicial Council pamphlet Guardianship Packet for Guardianships of Children in the Probate Court. (Form GC-205)

Contact Informaiton

Sutter County Family Law Self-Help Center

1175 Civic Center Blvd.

Yuba City, CA 95993

Phone: (530) 822-3305

Contact Probate

Guardianships FAQs

Click on the frequently asked questions below for more information.

Who may be a legal guardian?

Relatives, friends of the family, or other interested persons over the age of 18 may be considered as potential legal guardians.

A guardian of the person has full legal and physical custody of the child.

A guardian of the estate manages the child’s income, money or other property.

What are a guardian’s responsibilities?

A guardian has fundamentally the same responsibilities for a child as a parent. Those responsibilities include providing for the child’s:

Food, clothing and shelter

Safety and protection

Physical and emotional growth

Medical and dental care

Education and any special needs

If a guardian of the estate is included, the guardian must also manage the child’s funds and assets until the child turns 18 and present periodic reports to the Court.

How do I become legal guardian?

To become the legal guardian of a child, you must complete and file documents with the court along with a filing fee (link). You can obtain the form packet from the court or go to the Judicial Council website:

Find Your Court Forms

Will the court investigate and will i have to pay for it?

Yes, an appointed Court Investigator will do a full report that may include:

a visit to the home where the child will live;

personal interviews with the child and the proposed guardian(s);

a review of available documents such as medical or school records;

telephone interviews with the people involved to confirm information;

a legal and criminal record check for history of neglect, abuse or criminal activity

The court may order a fee for the Court Investigator’s report based on the time required to conduct the investigation and ability to pay.

Will I be required to come to court after the guardianship is granted?

You are required to provide the court with the yearly Judicial Council form GC-251 Confidential Guardianship Status Report and may be required to attend yearly Progress Review hearings.

When does the guardianship end?

The child turns 18; or

The child dies; or

The child is adopted; or

The child’s assets are used up (for a guardianship of the estate); or

A judge decides the guardianship is no longer necessary.