Orange — Guardianship- Step 2: Preparing for Your Hearing

Source: https://www.occourts.org/system/files/selfhelp/shc-pb-16.pdf

SUPERIOR COURT OF CALIFORNIA Self-Help Services COUNTY OF ORANGE www.occourts.org/self-help

GUARDIANSHIP- STEP 2: PREPARE FOR YOUR HEARING

SELF-HELP FORM PACKET Attention New Probate Court and In-Person Location: Costa Mesa Justice Complex 3390 Harbor Boulevard Costa Mesa, CA 92626 SHC-PB-16 (Rev.1/02/26)

Self-Help Services can review your completed forms before you file them with the Court. To request review of your completed forms:

1. Complete the attached forms in black ink.
2. Scan your completed forms and save as a single PDF file.
3. Go to www.occourts.org/self-help (click the teal button labeled Contact Self-Help), attach the PDF, and complete the online request form. Make sure to select PROBATE as the case type on the form.

www.occourts.org/self-help

Rev.09/12/2025 GUARDIANSHIP Step 2: Prepare COMMON WORDS OVERVIEW Calendar Days: Days in a Your Guardianship Appointment Hearing is weeks away. That calendar month. Including may feel like you have a lot of time, but if you do not complete what is holidays and weekends. required, your hearing will be postponed. If your hearing is postponed Court Days: Days in a calendar repeatedly, the Court may Dismiss your Guardianship case and you month that the Court is open to will need to refile and start from the beginning. the public. You must complete the following tasks before your hearing: Court Investigation: Fact finding search to determine if a Notice of Hearing Guardianship is necessary. Notice of Hearing is completed when copies of certain forms Deficiencies: Mistakes or are given to the right people and agencies; in the way required follow up questions in your case. by law; with enough time before your hearing.

Dismiss: The ending of a case Court Investigation filed with the Court before it is completed. A Court Investigation is completed when a Court Investigator prepares a report explaining to the Judge whetherGuardianship Appointment a Guardianship is needed for the Ward and the proposedHearing: Court date when a Guardian is qualified to take care of the Ward and theirJudge decides whether a Guardianship is necessary. property, if applicable.

Notice of Hearing: Letting Probate Notes persons and agencies know that Probate Examiners review your case file to make sure youra Guardianship case has been filed and the date, time, and forms are complete and meet legal requirements. During this place of the Guardianship review, they create Probate Notes. Probate Notes set out Appointment Hearing. an overview of the case, important dates, parties requests, and Deficiencies. Deficiencies are the Probate Examiners Personal Service: Giving way to tell you what problems they found and how to fix them. Notice of Hearing by handing You must clear all your Deficiencies before your hearing. If copies of certain Court Forms. you do not, your hearing date will be postponed. Probate Examiner: Probate case file reviewers. This packet will cover how to complete these tasks and meet all deadlines. Probate Notes: Overview of case, important dates, parties’ If You Need Assistance:requests, and Deficiencies.

Service by Mail: Providing Public Law Center helps with form completion. Please see the Notice of Hearing by mailing attached flyer for more information. copies of certain Court Forms.

Pg. 1

NOTICE OF HEARING Who Must be Given Notice? NOTICE OF HEARING ROADMAP The following people and agencies must be given notice at least 15 Calendar Days before the hearing: o Ward, only if 12 years old or older o Ward’s mother o Ward’s father o Ward’s paternal grandparents (father’s parents) Forms o Ward’s maternal grandparents (mother’s parents) o Ward’s brothers and sisters (this includes half- brothers and sisters) o The person with legal custody of the Ward now o The proposed Guardian if the Guardian is not the person filing for Guardianship o If applicable, any attorney representing the Ward Copies o Orange County Social Services Agency Address • Social Services Supervisor P.O. Box 14174 Orange, CA 92853 Envelopes If the Guardian is not related to the Ward by blood, marriage or adoption, the following agency must be given notice at least 15 Calendar Days before the hearing: o California Department of Social Services Address • Director of Social Services Service 744 P Street Sacramento, CA 95814

If the Ward has developmental disabilities, the following
agency, must be given notice at least 30 Calendar Days
before the hearing:
o Orange County Regional Services Complete Proof of Service
Address Forms
• Director of Regional Services
P.O. Box 22010
Santa Ana, CA 92702

If you know or have reason to believe that the Ward is a
member of an Indian tribe recognized by the federal File
government or is eligible for membership, you must serve
additional persons and agencies. Please reach out to us Self-
Help for more information.
Pg. 2

CalculateIf theNumberidentity orof locationDays Sinceof anyDecedentpeople andDiedrelatives that must be served is unknown, one L-0759- Declaration of At least 40 days must have passed since the Decedent died. Due Diligence and Request to Dispense with Notice NOTICEROADMAPROADMAPROADMAPOF HEARING must be filed for each person. ROADMAPIf the total value of the Decedent’s Estate is $166,250.00 or less and 40o daysIf thehaveidentitypassedis unknown,since theL-0759,deathItemof theA, must be completed.Decedent, you may use the Small Estate Affidavit process. o If the identity is known but not location, L-0759, Item Complete theB,Smallmust beEstatecompleted.Affidavit Make sure to include details of all your efforts Verification to locate the person and what you found. CalculateFormsFormsForms o Make sure that a Formal Probate proceeding has How Must Noticenot beenbe Given?filed. If it has, you cannot use the Small Estate Affidavit unless the Personal Personal Service must be provided to: Representative agrees in writing. FilloOutWard, only if 12 years old or older o Ward’sA SmallmotherEstate Affidavit. o FillReviewReviewCopiesOut o Ward’s Afathersample is attached. o Person(s) with• Manylegal custodybanks andof Wardother financial o The proposed Guardian if the Guardian is not the institutions have their own. Please person filing for Guardianship check before using this one.

Service by Mail may be provided to:
o Ward’s paternal grandparents (father’s parents) EnvelopesAttachFileFile
o Ward’s maternal grandparents (mother’s parents)
o Ward’s brothers and sisters (this includes half-
brothers and sisters)
o If applicable:
Orange County Regional Services
Orange County Social Services Agency
California Department of Social Services PrepareNotarizeServiceServicefor the Hearing
Indian Tribe Persons and Agencies

What Must be Given?

Notice is provided when each person or entity is served with: o A copy of your filed GC-210 (P) or GC-210— Petition for Appointment of Guardian CompletePrepareHearingSubmitforProoftheofHearingService Including any attachments Forms o A copy of your filed GC-210 (CA)— Child Information Attachment to Probate Guardianship of Minor If more than one Ward is involved, a copy of each Ward’s GC-210(CA) must be attached. o A copy of your filed ICWA-010(A)—Indian Child After the Hearing Inquiry Attachment File o Form GC-020— Notice of Hearing with Remote AdvocateHearing Hearing Attachment and GC-207-INFO/JV-352- INFO—Comparison of Guardians With Other Nonparent Caregivers Pg. 3

Step by Step Procedure

Complete Pg. 1 and the top of Pg. 2 (Case Name and Number)
of Form GC- 020 – Notice of Hearing.
NOTICEROADMAPROADMAPROADMAPOF HEARING o On Pg. 1, Item 4b, mark the box before the words “is ROADMAP (specify):” and write: See Attachment 4b
o Attach Remote Hearing Attachment and GC-207-
INFO/JV-352-INFO behind Pg. 2.
o This should now be treated as your Original GC-020.

Make enough copies of your Original GC-020, your filed GC-
210 (P) or GC-210, GC-210 (CA), ICWA-010(A) and any CalculateFormsFormsForms
attachments for each person and agency that must be served.

Place your Original GC-020 aside. You will need it later.

Gather one envelope for each person and agency.

Place one copy of all required forms in each envelope. FillReviewReviewCopiesOut

Address each envelope to each recipient that must be served.

Separate the envelopes by those that need to be served by
mail and those that must be served in person.

Service by Mail EnvelopesAttachFileFile
o Add sufficient postage to each envelope.
o Service must be completed by an adult, who is
not involved in the case.
o Standard mail is sufficient.
o The adult that helped with service, must complete the
“Proof of Service by Mail” section of Pg. 2 of your PrepareNotarizeServiceServicefor the Hearing
Original GC-020.
Make sure Item 5 is marked.

Personal Service
o Service must be completed by an adult, who is
not involved in the case.
CompletePrepareHearingSubmitforProoftheofHearingService
o The envelope can be handed anywhere the person Forms
that must be served can be located.
o The person served does not need to sign anything.
o The adult that helped with service, must complete
Form GC-020 (P) –Proof of Personal Service
and attach it to your Original GC-020.
After the Hearing
File Complete the “Name and Address of Each Person to Whom AdvocateHearing
Notice was Mailed” section of Pg. 2 of your Original GC-020.

File your Original GC-020 at least 5 Court Days before your
hearing. Pg. 4

COURT INVESTIGATION COURTWhen is Court Investigation Required? INVESTIGATION Guardianships of the Person or Person and Estate require an ROADMAP investigation. o Guardianships of the Estate only do not.

The goal of the investigation is to prepare a report that
provides the Judge with information about why a Investigation Assigned
Guardianship is needed and the proposed Guardian’s ability
to meet the Ward’s needs.

Who Completes the Court Investigation?

A Court Investigator will be assigned by the Court to
investigate a Guardianship if the proposed Guardian is Appointments for Interviews
related to the Ward.
o If the proposed Guardian is not related to the Ward,
the Orange County Social Services Agency will
complete the investigation.

How is the Court Investigation Completed? Interviews The investigator will contact the Guardian, certain people, and relatives to schedule interviews. o Interviews may be conducted in person or remotely. o More than one interview may be necessary. A report will be created outlining findings from: Background Check o Visiting the Guardian’s home o Interviewing the Ward and proposed Guardian The Ward will be interviewed in an age and needs appropriate way. o Interviewing certain people and relatives o Completing a background check on the proposed Guardian, certain people, and relatives Court Report The Court Investigation costs $650.00. The fee may be forgiven with a granted fee waiver. The Guardianship will be on hold until the report is filed so it is important to keep appointments with Court Investigators.

Copies of the Filed Court Investigation Report File The final report is filed with the Court but is not available without approval from the Judge. To request a copy complete and file Local Form L-0211: Request for Release of Confidential Report. Pg. 5

PROBATE CommonNOTESIssues When Calculating: The value of the Decedent’s Estate should be What are Probate Notes? determined based on the value of the property at the PROBATE NOTES ROADMAPROADMAPROADMAP time of death, not at the time the Small Estate ROADMAP Probate Examiners assist the Judge by reviewing all filed Affidavit is signed. documents to make sure they are complete and meet legal A professional appraiser does not need to be hired. requirements. During review, they create Probate Notes. The Beneficiary can provide a good faith Probate Notes set out an overview of the case, important approximate value. dates, parties requests and Deficiencies. Personal Property: Consider the value you Deficiencies are the Probate Examiners way of telling Find YourCalculateFormsFormsProbate Notes would receive for the item in a garage sale. you what problems they found and how to fix them. They are Real Property: Consider similar properties updated approximately 3 weeks before your hearing date. selling in the area. The words Deficiencies and Probate Notes are often used • Remember that a Small Estate interchangeably. Affidavit cannot be used for real Accessing Probate Notes property. Real property is only used to calculate the value of the Decedent’s Clear YourFillReviewReviewProbateOut Notes For a step-by-step videoEstate.guiding you on how to access your Probate Notes visit: Do not include sentimental value when calculating. https://www.youtube.com/watch?v=NGRJ500PdQU Self-Help Services cannot help you calculate or value the Decedent’s Estate.Clearing Probate Notes Deficiencies

A worksheetDeficienciesto helpmustyou becalculatecorrectedtheatDecedent’sleast 5 CourtEstateDaysvalue is File YourAttachFileFileCorrections attached.before your hearing. If you need assistance clearing your Probate Notes, please Calculate Number of Days Since Decedent Died register for our Clearing Your Probate Notes Workshop.At least 40 days must have passed since the Decedent died.

Document ReviewIf the total value of the Decedent’s Estate is $166,250.00 or less and 40 days have passed since the death of the PrepareNotarizeServiceServicefor the HearingThe Self-Help Probate Team offers a free optional document review Decedent, you may use the Small Estate Affidavit process.service for self-represented litigants. As part of this service, an attorney or paralegal will review your documents for completionComplete the Small Estate Affidavit before filing. Our staff cannot provide you with legal advice or strategyVerificationduring this review. To have your completed documents oreviewed,Make surepleasethatattacha Formalthem toProbateyour contactproceedingrequesthas here: www.occourts.org/self-help/not been filed. If it has, you cannot use the Small CompletePrepareHearingSubmitforProoftheofHearingService Estate Affidavit unless the Personal Forms File Your Forms Representative agrees in writing. Fill OutYou may file your documents by choosing one of the following options: o A Small Estate Affidavit. A sample is attached. • In Person: • Many banks and other financial After the Hearing o Costa Mesa JusticeinstitutionsComplex,have3390theirHarborown. PleaseBoulevard, File AdvocateHearing Costa Mesa, CAcheck92626before using this one. • DropBox: o Costa Mesa Justice Complex, 3390 Harbor Boulevard, Costa Mesa, CA 92626 Pg. 6

• Mail: o Costa Mesa Justice Complex, ATTN: Probate Filing Clerk, 3390 Harbor Boulevard, Costa Mesa, CA 92626 ROADMAPROADMAPROADMAPROADMAP • E-filing: o For additional information visit the court’s website: https://www.occourts.org/online- services/efiling/efiling-probate.html

What is Next? Step 3: After Your Hearing CalculateFormsFormsForms

The Self-Help Probate Team offers the Guardianship- Step 3: After Your Hearing Form Packet (SHC-PB-17). That packet will walk you through your responsibilities after you have been appointed Guardian. For example, obtaining proof that you have been appointed as Guardian to present to school, doctors, or other required agencies, completing the required annual status report, FillReviewReviewReviewOut procedures for moving out of Orange County or California, and terminating the Guardianship. Remember, this is only the beginning of a long-term relationship with the Court, and you have continual responsibilities until the Guardianship ends.

AttachFileFileFile

PreparePrepareNotarizeServiceforfor thethe HearingHearing

PrepareHearingHearingSubmitfor the Hearing

AfterAfter thethe HearingHearing

AdvocateHearing

Pg. 7

FREE LEGAL CLINICS for SELF-REPRESENTED LITIGANTS IN GUARDIANSHIP of the PERSON

WHO: Self-represented individuals who are involved in a guardianship proceeding in Orange County Superior Court. This clinic is only for litigants who have not hired an attorney.

WHAT: FREE assistance with Guardianship forms and procedure, including: Guardianship filings Objections to Guardianship Preparation for Annual Status Conferences Requests to Move Terminations

WHEN: Tuesdays 12:00 PM to 4:00 PM By appointment only

HOW: Register at https://tinyurl.com/PLCGuard (or use the QR code provided); Call 714-541-1010 ext 367; or Email familylaw@publiclawcenter.org WHERE: Public Law Center 615 Civic Center Drive West (3rd Floor) Santa Ana, CA 92701

The clinic will be closed on holidays, national/court days and occasionally for administrative reasons.

Revised 12/2023

CLÍNICA GRATUITA PARA LITIGANTES REPRESENTÁNDOSE POR SI MISMO EN OBTENER TUTELA LEGAL

QUIÉN: La clínica es solo para litigantes que no han contratado un abogado en procedimiento de tutela en la Corte Superior del Condado de Orange.

QUÉ: Asistencia gratuita con documentos y procedimiento de Tutela, incluyendo:

Abrir un caso de Tutela Oponer a una Tutela Escribir una Declaración de Debida Diligencia Preparar para el Estado Conferencia Anual Petición para moverse afuera del Estado Petición para terminar una Tutela

CUÁNDO: Los martes a las 12:00 pm – 4:00 pm, Solo por cita CÓMO: Registrarse al https://tinyurl.com/PLCTutelaEsp

(o use el código QR); llame al 714-541-1010, ext. 367;

o correo electrónico familylaw@publiclawcenter.org

DÓNDE: Public Law Center 615 Civic Center Drive West (tercer piso) Santa Ana, CA 92701

La clínica permanecerá cerrada los días festivos, nacionales/de la corte y ocasionalmente por motivos administrativos.

Revised 12/2023

GC-020

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

To keep other people
from seeing what you
entered on your form,
please press the Clear
TELEPHONE NO.: FAX NO. (Optional): This Form button at the

E-MAIL ADDRESS (Optional): end of the form when ATTORNEY FOR (Name): finished. SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE STREET ADDRESS: 3390 Harbor Boulevard MAILING ADDRESS: 3390 Harbor Boulevard CITY AND ZIP CODE: Costa Mesa 92626

BRANCH NAME: Costa Mesa Justice Complex

GUARDIANSHIP CONSERVATORSHIP OF THE PERSON ESTATE

OF (Name):

MINOR (PROPOSED) CONSERVATEE

CASE NUMBER:
NOTICE OF HEARING—GUARDIANSHIP OR CONSERVATORSHIP

This notice is required by law.
This notice does not require you to appear in court, but you may attend the hearing if you wish.

1. NOTICE is given that (name): (representative capacity, if any): has filed (specify):

2. You may refer to documents on file in this proceeding for more information. (Some documents filed with the court are confidential. Under some circumstances you or your attorney may be able to see or receive copies of confidential documents if you file papers in the proceeding or apply to the court.)

3. The petition includes an application for the independent exercise of powers by a guardian or conservator under
   Probate Code section 2108 Probate Code section 2590.
   Powers requested are specified below specified in Attachment 3.

4. A HEARING on the matter will be held as follows:

   a. Date: Time: Dept.: Room:

   b. Address of court same as noted above is (specify): See Attachment 4b

   Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the clerk's office for Request for Accommodations by Persons with Disabilities and Order (form MC-410). (Civil Code section 54.8.)

Form Adopted for Mandatory Use NOTICE OF HEARING—GUARDIANSHIP OR CONSERVATORSHIP Probate1460–1469,Code,1511,§§ 1264,1822 Judicial Council of California GC-020 [Rev. July 1, 2005] (Probate—Guardianships and Conservatorships) www.courtinfo.ca.gov

GUARDIANSHIP CONSERVATORSHIP OF THE PERSON ESTATE CASE NUMBER:

OF (Name):

MINOR (PROPOSED) CONSERVATEE

NOTE: *

A copy of this Notice of Hearing—Guardianship or Conservatorship ("Notice") must be "served" on—delivered to—each person who has the right under the law to be notified of the date, time, place, and purpose of a court hearing in a guardianship or conservatorship. Copies of this Notice may be served by mail in most situations. In a guardianship, however, copies of this Notice must sometimes be personally served on certain persons; and copies of this Notice may be personally served instead of served by mail in both guardianships and conservatorships. The petitioner (the person who requested the court hearing) may not personally perform either service by mail or personal service, but must show the court that copies of this Notice have been served in a way the law allows. The petitioner does this by arranging for someone else to perform the service and complete and sign a proof of service, which the petitioner then files with the original Notice. This page contains a proof of service that may be used only to show service by mail. To show personal service, each person who performs the service must complete and sign a proof of personal service, and each signed copy of that proof of service must be attached to this Notice when it is filed with the court.. You may use form GC-020(P) to show personal service of this Notice.

• (This Note replaces the clerk's certificate of posting on prior versions of this form. If notice by posting is desired, attach a copy of form GC-020(C), Clerk's Certificate of Posting Notice of Hearing—Guardianship or Conservatorship. (See Prob. Code, § 2543(c).)

  PROOF OF SERVICE BY MAIL

1. I am over the age of 18 and not a party to this cause. I am a resident of or employed in the county where the mailing occurred.

2. My residence or business address is (specify):

3. I served the foregoing Notice of Hearing—Guardianship or Conservatorship on each person named below by enclosing a copy in

an envelope addressed as shown below AND a. depositing the sealed envelope with the United States Postal Service on the date and at the place shown in item 4 with the postage fully prepaid. b. placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid.

4. a. Date mailed: b. Place mailed (city, state):

5. I served with the Notice of Hearing—Guardianship or Conservatorship a copy of the petition or other document referred to in

   the Notice. And GC-207-INFO/JV-352-INFO- Comparison of Guardians With Other Nonparent Caregivers.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) (SIGNATURE OF PERSON COMPLETING THIS FORM)

NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED
Name of person served Address (number, street, city, state, and zip code)

Continued on an attachment. (You may use form DE-120(MA)/GC-020(MA) to show additional persons served.)

GC-020 [Rev. July 1, 2005] NOTICE OF HEARING—GUARDIANSHIP OR CONSERVATORSHIP Page 2 of 2 (Probate—Guardianships and Conservatorships)

For your protection and privacy, please press the Clear This Form button after you have printed the form. Save This Form Print This Form Clear This Form

DE-120(MA)/GC-020(MA)

ESTATE GUARDIANSHIP CONSERVATORSHIP MATTER OF CASE NUMBER:

(Name):

ATTACHMENT TO NOTICE OF HEARING PROOF OF SERVICE BY MAIL

(This Attachment is for use with forms DE-120 and GC-020.)

NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED

No. Name of person served Address (number, street, city, state, and zip code)

Page of

Form Approved for Optional Use www.courts.ca.gov Judicial Council of California ATTACHMENT TO NOTICE OF HEARING PROOF OF SERVICE BY MAIL DE-120(MA)/GC-020(MA) [New July 1, 2005] (Probate—Decedents' Estates and Guardianships and Conservatorships) For your protection and privacy, please press the Clear This Form button after you have printed the form. Print this form Save this form Clear this form

GC-020(P)

GUARDIANSHIP CONSERVATORSHIP OF THE PERSON ESTATE CASE NUMBER:

OF (Name): MINOR (PROPOSED) CONSERVATEE

PROOF OF PERSONAL SERVICE OF NOTICE OF HEARING—GUARDIANSHIP OR CONSERVATORSHIP (Attach a separate completed and signed copy of this form or other proof of personal service to Notice of Hearing-Guardianship or Conservatorship for each person who personally served a copy of the Notice.)

1. I am over the age of 18 and not a party to this cause.

2. I served the attached Notice of Hearing—Guardianship or Conservatorship by personally delivering a copy to each person listed below at the address and on the date and time indicated below.

3. I served with the attached Notice of Hearing—Guardianship or Conservatorship a copy of the petition or other document referred

   to in the Notice. And GC-207-INFO/JV-352-INFO- Comparison of Guardians With Other Nonparent Caregivers.

4. I served with the attached Notice of Hearing—Guardianship or Conservatorship copies of the following documents (specify):

   GC-207-INFO/JV-352-INFO- Comparison of Guardians With Other Nonparent Caregivers

   Continued on Attachment 4.

5. I am (check all that apply): a. not a registered California process server. b. a California sheriff or marshal. c. a registered California process server. d. an employee or independent contractor of a registered California process server. e. exempt from registration (Bus. & Prof. Code, § 22350(b)).

6. My name, address, telephone number, and, if applicable, county of registration and number, are (specify):

NAME OF EACH PERSON PERSONALLY SERVED, ADDRESS WHERE SERVED, AND DATE AND TIME SERVICE WAS MADE

Name Address where served (number, street, city, and state) Date and time service made

1. Date:

   Time:

2. Date:

   Time:

3. Date:

   Time:

4. Date:

   Time:

   List of names and addresses of persons personally served by the undersigned continued on an attachment.

   (You may use Attachment to Notice of Hearing Proof of Personal Service, form DE-120(PA)/GC-020(PA), for this purpose.)

I declare under penalty of perjury under the laws of the State of (For California sheriff or marshal use only) California that the foregoing is true and correct. I certify that the foregoing is true and correct.

Date: Date:

(SIGNATURE) (SIGNATURE)

Form Approved for Optional Use PROOF OF PERSONAL SERVICE OF NOTICE OF HEARING— Probate Code, §§ 1216, 1264, Judicial Council of California 1460-1469, 1511, 1822 GC-020(P) [New July 1, 2005] GUARDIANSHIP OR CONSERVATORSHIP www.courts.ca.gov (Probate—Guardianships and Conservatorships) For your protection and privacy, please press the Clear This Form button after you have printed the form. Print this form Save this form Clear this form

Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers Notice of the hearing on a petition for appointment of a probate guardian must include a copy of this form. A California court can order care, custody, and control of a child transferred from a For more information onparent to another caregiver in a variety of cases. This form compares juvenile court probate guardianship of theand probate guardianship cases. In juvenile court, a foster parent, sometimes called a person, see Information on resource family, is a temporary caregiver. A guardian is a “permanent” caregiver. A Probate Guardianship of the probate court can also appoint a guardian, using different procedures and standards. Person (form GC-205-INFO). The three charts in this form compare the rights and duties, available services and For information on probate supports, and court processes in juvenile court and probate guardianship cases. guardianship of the estate, see Information on ProbateCharts in this form Guardianship of the Estate 1. The Rights and Duties of Different Types of Caregivers, at pages 2–4 (form GC-206-INFO). For Compares foster parents/resource families with probate guardians and juvenile more information on juvenile court guardians court guardianship, see 2. The Services and Financial Support Available to Different Types of Information on Juvenile Court Caregivers, at pages 5–8 Guardianship (form Compares foster parents/resource families, probate guardians, and juvenile court JV-350-INFO). guardians 3. How a Guardian Is Appointed and What Happens Afterward, at pages 9–11 Compares probate guardians with juvenile court guardians CAUTION: This form does not replace legal advice from a lawyer. Parents, potential caregivers, and potential guardians should consult a lawyer for answers to questions or concerns about their specific situation. Click this link, www.courts.ca.gov/selfhelp-findlawyer.htm, for help finding a lawyer. Starting a case in probate court or juvenile court A probate guardianship case begins when a private person files a petition to appoint a guardian. A juvenile dependency case begins only if the child welfare agency files a petition. However, a private person can ask the agency to file a petition. If the agency does not, that person can ask the juvenile court to order the agency to file a petition. Even if the agency files a petition, the juvenile court can deny it if the child doesn’t meet the legal standard. If the probate court thinks a juvenile dependency case might be appropriate after a guardianship case begins but before a guardian is appointed, the court can ask the agency to file a dependency petition and, if the agency does not, can ask the juvenile court to order the agency to file a petition. Families can also arrange for care and a place to live for a child without going to court. These arrangements are usually temporary and often involve documents such as a Caregiver’s Authorization Affidavit (see www.courts.ca.gov/documents/caregiver.pdf) or a Voluntary Placement Agreement with a child welfare agency (see www.cdss.ca.gov/cdssweb/entres/forms/english/soc155.pdf). Information on the Probate Guardianship of the Person (form GC-205-INFO) gives information about these arrangements. Foster parents/resource families If a juvenile court finds that a child cannot continue living safely at home, the court will order the child placed out of the home in the care and custody of the county child welfare agency (sometimes called child protective services or CPS). The agency can then place the child in the home of an approved foster parent. If a foster parent has been approved through the resource family approval (RFA) process, the foster parent is sometimes called a resource family, so this form uses the term “foster parent/resource family.” Approval as a foster parent/resource family is difficult and takes time. Some families will not be approved because they do not meet the strict standards. Guardians A guardian is an adult appointed by either the probate court or the juvenile court to take long-term care, custody, and control of a child when the child’s parents are unavailable or unable to care for the child. A relative or nonrelative can be appointed as guardian if the court finds the appointment is in the child’s best interest. In general, probate guardians have the same rights and duties as juvenile court guardians. However, probate guardians have access to different, and often fewer, financial supports, services, and resources. Judicial Council of California, www.courts.ca.gov GC-207-INFO/JV-352-INFO New January 1, 2023, Mandatory Form Comparison of Guardians With Page 1 of 11 Government Code, § 68511.1; Probate Code, § 1511 Other Nonparent Caregivers

Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers

1. The Rights and Duties of Different Types of Caregivers Guardians Foster Parents/Resource Families (Probate and Juvenile Court) Caregiver’s Fundamental Responsibilities and General Duties

A foster parent/resource family works with child A guardian, whether appointed by a probate court or juvenile welfare agency social workers to provide care, court, has the same general rights and duties toward the child as a supervision, and housing for the child. parent. In other words, a guardian has care, custody, and control of A foster parent/resource family receives foster the child. However, the court that appoints the guardian can order care funds for the child’s needs, such as food and the guardian to do or not to do certain things. clothing, and works with the social worker to The guardian is responsible for providing for food, clothing, make sure the child receives available resources shelter, education, and all the medical and dental needs of the and services if the child has special needs. child. The guardian must provide for the safety, protection, and physical and emotional growth of the child. Like a parent, a guardian should maintain close contact with the child’s school and doctor. If the child has special needs, the guardian must strive to meet those needs and secure appropriate services. Some children may have physical or learning disabilities. Other children come from abusive homes or have been victims of abuse. Counseling and other services may be necessary to help these children.

Custody and Visitation

Physical custody of the child—that is, the right to The guardian has legal and physical custody of the child. decide where the child lives—is with the child Parents can no longer make decisions for the child while there is a welfare agency unless the court orders a specific guardianship. The rights of the parents are completely placement. suspended—but not terminated—as long as the guardianship Parents retain legal custody subject to limitations remains in effect. set by the court. If a guardian is appointed, a parent or other person can ask the A foster parent/resource family must make sure court to order the guardian to let them visit or spend time with the the child takes part in visits and phone calls with child. (In juvenile court, the court must allow the parent to visit the parents and others authorized by the social worker child unless it would be detrimental to the child.) If the court does or ordered by the court. not make an order, the guardian can decide who visits the child. A foster parent/resource family cannot, on their After the child has been in the guardian’s custody for a minimum own, ask the court to terminate parental rights and time, varying from six months to three years depending on the adopt the child. They can, however, tell the social circumstances, the guardian may petition to terminate parental worker they would like to adopt the child. rights and adopt the child. Residence The social worker and the court decide who the A guardian decides where the child lives. The child normally will child will live with. live with the guardian, but the guardian can make other arrangements if they are in the best interest of the child. A guardian must give proper notice to the court and others of any address change of either the child or the guardian. A guardian must get court permission before changing the child’s residence to a place outside California.

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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers

Guardians Foster Parents/Resource Families (Probate and Juvenile Court)

Health Care

The social worker arranges care and treatment for The guardian must make sure that the child’s health-care needs are the child’s medical, dental, and mental health met. In most cases, the guardian has the authority to consent to the needs, but the foster parent/resource family might child’s medical treatment. However, if the child is 14 years of age be responsible for scheduling and transporting the or older, surgery may not be performed on the child unless (1) child to these appointments. both the child and the guardian consent, (2) a court order specifically authorizes the surgery, or (3) an emergency exists. Parents keep their rights to make health-care decisions for the child except in an emergency or A guardian may not place a child in a mental health treatment if the court orders otherwise. facility against the child’s wishes. A separate legal process is required for such a placement. However, the guardian must obtain any counseling or other necessary mental health services needed by the child. The law also allows children to consent to certain types of treatment—including outpatient mental health treatment, medical care related to pregnancy or sexually transmitted diseases, and drug or alcohol treatment—without the consent of a parent or guardian.

Education

When a child is in foster care, parents retain the A guardian is responsible for the child’s education and holds the rights to make educational and developmental- child’s educational and developmental-services decisionmaking services decisions for the child unless the court rights, unless the court appoints someone else to hold them. If a limits these rights and assigns them to another child needs special education and related services, the guardian person. must advocate for the child with the school district and make the appropriate arrangements. (See page 8 for information about If the court limits parental rights to make financial support for children with special needs.) educational and developmental-services decisions, it may assign those rights to a foster parent/resource family. Otherwise, a foster parent/resource family cannot make those decisions or attend Individualized Education Program (IEP) meetings for the child unless invited by the person holding educational rights. A foster parent/resource family is responsible for making sure that the child attends school. If the child is receiving special education services, the foster parent/resource family works with the school district and service providers to ensure that the child receives all the services and supports in the child’s IEP. (See page 8 for information about financial support for children with special needs.)

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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers Guardians Foster Parents/Resource Families (Probate and Juvenile Court) Consent to Changes to the Child’s Status A foster parent/resource family cannot consent to A guardian and the court must give permission for a minor child the child’s marriage, military enlistment, or to get married. driver’s license application, but the juvenile court A guardian may consent to a minor child’s enlistment in the armed can consent. services or application for a driver’s license. A guardian may apply for a passport for a minor child.

Financial Obligations

A foster parent/resource family receives foster The guardian is responsible for the day-to-day financial support of care funds to pay for the child’s needs. the child, even though the parents are still obligated to support the child. The guardian may take legal action or contact the local child support agency to obtain child support from a parent. The child may also be eligible for Aid to Families with Dependent Children—Foster Care (AFDC-FC), Social Security benefits, Veterans Administration benefits, Indian child welfare benefits, and support from other public or private sources. (See Chart 2.)

Legal Liability

Except in limited circumstances, a foster A guardian, like a parent, is liable for the harm and damage caused parent/resource family is immune from liability in by the willful misconduct of a child. (See Civil Code, a civil action to recover damages for injury, death, § 1714.1(a).) There is usually a limit on how much a guardian may or loss to person or property caused by an act or be required to pay. There are special rules concerning harm caused omission of a child or nonminor dependent while by the use of a firearm. the child or nonminor dependent is placed in the home of the foster parent/resource family. (See Welfare and Institutions Code section 362.06(b)(2).) If you are concerned about your liability for a child’s conduct, you should contact an attorney.

Other Rights or Duties

Foster parents/resource families are entitled to The court may require the guardian to perform other duties, such as notice of statutory review hearings and permanency completing a parenting class or attend counseling sessions with the hearings. They may attend the hearings and give child. The guardian must follow all court orders and cooperate with information about the child to the court. Caregivers court investigators. who wish to submit information in writing may use Court visitors and status reports: Some counties have programs Caregiver Information Form (form JV-290). in which “court visitors” track and review guardianships. If your Foster parents/resource families must be included county has such a program, you will be expected to cooperate with in a child’s Child and Family Team (CFT) and all the court visitor’s requests. In addition, a guardian may have to must be notified of every CFT meeting. They may fill out and file status reports. be invited to participate in or support a child’s services, such as counseling or other types of treatment.

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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers 2. The Services and Financial Support Available to Different Types of Caregivers The payment amounts discussed below are updated annually based on the cost of living. Payments are made retroactively. For example, a child placed with a caregiver in January would receive funds for the month of January in February. The payment amounts given below are in effect from July 1, 2022, to June 30, 2023. For updated amounts, see www.cdss.ca.gov/inforesources/letters-regulations/letters-and-notices/all-county-letters.

Foster Parent/Resource Probate Guardian Juvenile Court Guardian Family

Cash Payments per Child—Relatives Before a relative is approved as a Child-only California Work Kinship Guardianship Assistance foster parent/resource family, Opportunity and Responsibility Payment (Kin-GAP) payments are Emergency Caregiver (EC) to Kids Program (CalWORKs) available to children who have lived with an funding is available at the foster payments are available for a child approved relative guardian for at least six care basic rate starting from the living with a relative guardian. The months. Kin-GAP families sign a written date the child is placed with the income of the family is considered agreement with the county. The Kin-GAP relative. EC funding is limited to in calculating the amount of cash payments begin once the agreement is the foster care basic rate, $1,129 aid the family receives. signed and the juvenile court terminates the per month. dependency case. Payments are approximately one- After approval, the foster half of the foster care basic rate Payments cannot exceed the amount the parent/resource family will receive paid to nonrelatives. A relative child was receiving in foster care, but they foster care payments through caregiver can receive this can include the foster care basic rate and federal Aid for Families with assistance before appointment as any special needs supplements the child was Dependent Children—Foster guardian if the child lives with the receiving. The income of the child’s Care (AFDC-FC). These relative. Payments can drop below parents, Kin-GAP guardian, or any other payments are set at the foster care one-half of the foster care basic relative living in the household is not used basic rate, $1,129 per month. rate if there are multiple children to determine the child’s Kin-GAP in the home. eligibility. There are different eligibility requirements for federal and state CalWORKs Maximum Aid Kin-GAP payments generally end when a AFDC-FC. The child welfare Payment (MAP) levels depend on child turns 18 but can continue until age 19 agency will determine eligibility. variables such as geographic if the child is completing high school or For a child in relative foster care region and exempt/nonexempt until age 21 if the Kin-GAP payments who is not eligible for federal status and are hard to calculate. started after the child turned 16 or if the AFDC-FC or EC, Approved From October 1, 2022, to child has an ongoing disability. Relative Caregiver (ARC) September 30, 2024, MAP If the court keeps the juvenile case open payments are available. These amounts for one child in California after appointing a relative guardian, the payments are set at the foster care are expected to range from $669 to guardian can receive Approved Relative basic rate, $1,129 per month. $779 per month. A social worker Caregiver (ARC) or foster care payments who specializes in benefits would California foster youth who are instead of Kin-GAP. be the best person to ask about placed with a relative out of state MAP levels for cash aid. In very rare situations, a relative guardian are eligible for funds at the foster may not qualify for Kin-GAP, foster care, or care rate in the state where they are Payments end when the child turns ARC payments, but may still qualify for placed. 18 years old, but it is possible to California Work Opportunity and extend payments to age 19 if the Responsibility to Kids Program child is completing high school. (CalWORKs) payments.

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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers

Foster Parent/Resource Probate Guardian Juvenile Court Guardian Family

Cash Payments per Child—Nonrelatives

Before approval as a resource No cash payments are available State Aid to Families with Dependent family, a nonrelative foster until a guardian is appointed and Children—Foster Care (AFDC-FC) is parent/resource family may receive the child begins living with the available to children who live with a Emergency Caregiver (EC) guardian. nonrelative guardian. This rate may change funding at the foster care basic depending on where you live, so before you An eligible child living with a rate, $1,129 per month, starting move, ask if there will be a rate change. The nonrelative probate guardian may from the date the child is placed foster care basic rate is $1,129 per month. receive state Aid to Families with with the nonrelative. Dependent Children—Foster A youth who continues living with a former After approval, the foster Care (AFDC-FC) payments nonrelative guardian after reaching age 18 parent/resource family will receive equivalent to the foster care basic can continue to receive AFDC-FC payments foster care payments. Nonrelative rate, $1,129 per month, after the until they turn 21 if they meet certain resource families receive Aid to court establishes a temporary participation criteria related to work, school, Families with Dependent guardianship. or activities designed to remove barriers to Children—Foster Care (AFDC- employment. Payments usually end when the FC) funds. There are federal and child turns 18 years old but may state AFDC-FC funding programs, continue to age 19 if the child is and they have different eligibility completing high school or to age requirements. The foster care basic 21 if the child has a disability. rate is $1,129 per month.

Medical Insurance

Children who qualify for the cash A child who qualifies for Children who qualify for Kin-GAP, ARC, payments described above are also CalWORKs (relative guardian) or or CalWORKs payments also receive full- eligible for full-scope Medi-Cal AFDC-FC (nonrelative guardian) scope Medi-Cal health care services. services. Youth are eligible for payments is eligible for Medi-Cal. Former Foster Youth Medi-Cal After turning 18, a youth is not up to age 26. eligible for Former Foster Youth Medi-Cal but may qualify for Medi-Cal based on income.

Extended Foster Care and Other Transition Age Supports

Extended Foster Care benefits A youth who turns 18 in a probate Extended Foster Care benefits are not are available for youth living in guardianship is not eligible for available for a youth who is under juvenile foster care when they turn 18. Extended Foster Care, court guardianship when the youth turns 18 These nonminor dependents can Independent Living Program years old. But if the former guardian dies or receive ongoing case management services, or Chafee Education no longer provides ongoing support to the and EFC payments until they turn and Training Vouchers. youth, the youth can ask the juvenile court 21; they may also qualify for to open the dependency case again. If the transitional housing and court does, the youth may qualify for EFC independent living placements. payments if they complete the requirements.

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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers

Foster Parent/Resource Probate Guardian Juvenile Court Guardian Family

Extended Foster Care and Other Transition Age Supports Payment amounts vary by the type However, a youth living with a Independent Living Program funding is of living arrangement. They range former guardian and receiving available for current and former foster youth from the foster care basic rate of CalWORKs (relative) or AFDC- up to age 21, if they were in foster care on $1,129 per month to $5,720 per FC (nonrelative) payments may or after age 16, they entered into a Kin-GAP month for a parenting youth living continue receiving payments until guardianship after age 16, or they entered in transitional housing in a high- age 19 if the youth is completing into a nonrelated legal guardianship through cost county. high school or another eligible juvenile court after age 8. This funding can education program or until age 21 help youth learn to manage their household Independent Living Program if the youth has a disability. and money and help them with education, funding is available for current and housing, and employment. former foster youth up to age 21, if they were in foster care on or after Chafee Education and Training Vouchers they reached age 16. This funding may be available. See the Foster can help youth learn household Parent/Resource Family column for details. and money management and help them with education, housing, and employment. Chafee Education and Training Vouchers for postsecondary education are available for youth who were in foster care on or after age 16. Vouchers are worth up to $5,000 per year. Childcare Assistance The Emergency Child Care Income-based childcare assistance Emergency Child Care Bridge program Bridge program provides may be available to children in benefits are not available after a childcare vouchers and navigation probate guardianships. guardianship is established, but income- support to caregivers of children in based childcare assistance may be available. foster care and to foster youth who have children of their own. Eligibility depends on available funding and county policy. California offers a variety of publicly funded childcare programs to eligible families. Information on Probate Guardianship of the Person (form GC-205-INFO) and Information on Juvenile Court Guardianship (form JV-350-INFO) give more information on these programs. Local childcare resource and referral agencies help families find childcare and determine whether they qualify for publicly funded childcare. Parents and guardians can find a local resource and referral agency here: https://rrnetwork.org/family-services/find-child-care.

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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers

Foster Parent/Resource Family Probate Guardian Juvenile Court Guardian

Special Needs Supplemental Payments Special needs supplemental payments may be No special needs supplemental Special needs supplemental available. These payments are in addition to the payments are available to a child payments may be available. basic rate, and can include: with living with a relative probate These include: guardian. Level of Care based on the physical, behavioral, • Level of Care emotional, educational, health, and permanency A child living with a nonrelative • Intensive Services care provided to a child. Payments range from probate guardian and receiving Foster Care $1,129 to $1,510 per month. state AFDC-FC payments may • Specialized Care also, if eligible, receive a Increments Intensive Services Foster Care for children with specialized care increment, a • Dual Agency Rate intensive medical, behavioral, developmental, or clothing allowance, or the teen • Whole Family Foster emotional needs. The payment is $2,946 per parent part of a Whole Family Home and Infant month. Foster Home payment. Supplement Specialized Care Increments for children with • Clothing Allowance See the Foster Parent/Resource special medical, behavioral, developmental, or Family column for details about emotional needs. The amounts of these payments these payments. See the Foster are set by the county. For more information, see Parent/Resource Family www.cdss.ca.gov/inforesources/foster- column for details about care/specialized-care or speak to a social worker. these payments. Dual Agency Rate for children in foster care who also qualify for regional center services. These rates are $1,323 per month for a child up to 3 years old and $2,955 per month for a child over 3. Whole Family Foster Home and Infant Supplement payments are available to support youth living in foster care with their nondependent children. This rate is $900 per month. An Expectant Parent Payment is available to support a youth in foster care for the last three months of pregnancy. This payment is $2,700. A Clothing Allowance is available for foster children in some counties. The payment amount varies by county. Education Travel Reimbursement is available to caregivers who transport a child to the child’s school of origin (the school the child was attending before being placed in the resource family home). This rate is set by the state based on two round trips per day between the foster/resource family home and the school.

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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers 3. How a Guardian Is Appointed and What Happens Afterward

STAGE Probate Guardian Juvenile Court Guardian Petition A person who wants to be appointed guardian of To start a juvenile court case, a county social a child must file a petition with the probate court. worker or prosecuting attorney must file a The child’s parent or the child, if at least 12 years petition in juvenile court. old, can also file the petition. (See Information on Probate Guardianship of the Person (form GC-205-INFO).) Investigation Before the court decides to appoint a guardian, The social worker or probation officer conducts an investigation is usually required. If the an investigation to determine, among other proposed guardian is a relative, a court things, whether to detain the child temporarily investigator conducts the investigation. If the out of the parent’s home and whether to proposed guardian is not a relative, a county recommend that the court remove the child from social worker conducts the investigation. The the parent’s home. A person who wants to serve investigator prepares a report, makes a as guardian of a child in juvenile court should recommendation whether the petition should be contact the child’s social worker or probation granted, and files the report with the court, which officer early in the case to ask if the child can makes it available to all persons served in the live with them. proceeding and their attorneys. The parent and the proposed guardian are responsible for the costs of the investigation unless payment would be a hardship. Appointment The probate court has the authority to appoint an In a dependency case, the juvenile court must of Counsel attorney to represent the child. The court may appoint counsel for the child unless it finds that also appoint an attorney for the Indian custodian the child would not benefit from the or biological parent of an Indian child but does appointment. And in almost every case, the court not otherwise have the authority to appoint appoints counsel for a parent who cannot afford counsel for a parent. counsel. In a juvenile justice case, the court must appoint counsel for the child if the child appears without counsel. The court may also appoint separate counsel for a parent in specific circumstances. Hearing The court holds a hearing to decide whether to The court holds a hearing to decide if the petition appoint a guardian. A parent or other interested is true and whether to order the child placed out person may go to the hearing and object, orally of the parent’s home. If it decides the child or in writing, to the appointment of a guardian cannot live safely at home, the court will not for the child or to the appointment of the person appoint a guardian right away unless the parents proposed as guardian in the petition. The court and child agree. Instead, it will order the child will decide whether appointing a guardian is placed first with a foster parent/resource family necessary and in the child’s best interest. and order the social worker or probation officer to provide reunification services (see below). Reunification The probate court cannot order family The juvenile court can order services to help the Services reunification services but can order supportive parents and child reunify (live together safely) services for the guardian and child, if needed. before it chooses a permanent plan (e.g., guardianship) but not afterward.

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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers

STAGE Probate Guardian Juvenile Court Guardian Decision to If the probate court finds that appointment of a The juvenile court may appoint a guardian at Appoint a guardian is necessary and in the child’s best different times during the case, after making the Guardian interest, the court may appoint a guardian. required findings. In a dependency case, if the court finds that the petition is true, it can appoint a guardian for the child at the dispositional hearing, if the parents and the child agree and the court finds that appointing the guardian is in the child’s best interest. In a juvenile justice case, the court can appoint a guardian for the child at any time after the dispositional hearing if the probation officer recommends it or the child’s attorney requests it. In either a dependency or juvenile justice case, if the court has ordered out- of-home placement and denied or terminated reunification services, the court can appoint a guardian as the child’s permanent plan at a separate hearing. The court decides whom to appoint as guardian. The person who has been caring for the child is almost always appointed. The procedures for appointing a guardian are generally the same in dependency and juvenile justice, but there are some differences. For more information, see Information on Juvenile Court Guardianship (form JV-350-INFO), and check with the social worker or probation officer. Court After a guardian is appointed, there are no The juvenile court keeps jurisdiction over the Oversight regular court hearings, although the probate court guardianship. When the court appoints a has the authority to regulate and control the guardian, it must also issue parental visitation guardian’s actions. The court can order the orders unless it finds that visitation would be guardian to allow visitation of the child with detrimental to the child. parents or other persons. In many cases after the guardianship is granted, The court may order the guardian to submit an especially if the guardian is related to the child, annual status report to the court and, depending the court will terminate dependency or juvenile on the county, the court may hold a hearing. (See justice jurisdiction and will not hold any more Information on Probate Guardianship of the regularly scheduled court hearings. In other Person (form GC-205-INFO).) cases, the court will grant the guardianship, keep dependency or juvenile justice jurisdiction, and On receipt of a request, the court may order the continue to hold regular review hearings. After it guardian to take action. The court may also order terminates juvenile jurisdiction, the juvenile the guardian to appear and explain actions they court keeps jurisdiction over the guardianship have taken; the court may approve or rescind and can give orders to the guardian. those actions. Any request to change a court order, including a visitation order, or to end the guardianship must be filed in the juvenile court using Request to Change Court Order (form JV-180).

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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers

STAGE Probate Guardian Juvenile Court Guardian Role of Social A county social worker is responsible for If the dependency or juvenile justice case is kept Worker or screening any proposed guardian and for open after guardianship is granted, the social Probation conducting the guardianship investigation if the worker or probation officer will provide support Officer proposed guardian is not related to the child. to the guardian and child and prepare reports for If the probate court thinks a child who is the scheduled juvenile court hearings. subject of a guardianship petition may be abused If the juvenile dependency or juvenile justice or neglected, it can ask a social worker to case is closed after guardianship is granted, the investigate and file a dependency petition in the juvenile court will continue to oversee the juvenile court before it decides whether to guardianship. Continued involvement by the appoint a guardian. If the social worker files a social worker or probation officer will depend on dependency petition, then the juvenile court will any services and financial support the child have authority over the child’s custody and continues to receive. placement. The probate court case will be put on hold until the juvenile court case is over. After a probate guardian is appointed, no social worker is involved unless the child or guardian receives public financial support or services. Terminating The guardianship automatically terminates (ends) The guardianship automatically terminates when Guardianship when the child turns 18 or if, before turning 18, the child turns 18 or if, before reaching age 18, the child dies, is emancipated by court order, gets the child dies, is emancipated by court order, gets married, joins the armed services, or is adopted. married, joins the armed services, or is adopted. If the guardian, a parent, the child, an Indian The court can terminate the guardianship if it custodian, or the child’s tribe shows that it is in finds that another permanent plan, such as the child’s best interest, the court can end the adoption, is in the child’s best interest. A social guardianship before the child turns 18. The worker or probation officer, the guardian, a longer the child has lived with the guardian, the parent, the child, an Indian custodian, or the harder it is to show that termination is in the child’s tribe can file a request with the juvenile child’s best interest. court to terminate the guardianship. If the child consents, the court can extend a guardianship up to the child’s 21st birthday to let the child complete a federal application for Special Immigrant Juvenile status. Terminating Appointment of a probate guardian suspends Appointment of a juvenile court guardian Parental parental rights, but does not terminate them. suspends parental rights, but does not terminate Rights However, under the Probate Code, if a child has them. A social worker or probation officer, the been living with the guardian for at least two guardian, or the child can file a request with the years, the guardian can file a petition to terminate juvenile court to terminate parental rights and parental rights so that the guardian can adopt the change the permanent plan to adoption. The child. Parents are entitled to appointed counsel if court will hold a hearing to decide whether to this happens. In some situations, specified in the grant the request. Each parent is entitled to notice Family Code, the guardian can ask to adopt the of the hearing, to participate, and to have an child after as few as six months have passed or attorney appointed for them. may need to wait up to three years. If the child is an Indian child, the Indian Child If the child is an Indian child, the Indian Child Welfare Act requires different procedures. Welfare Act requires different procedures.

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MC-025

SHORT TITLE: CASE NUMBER: Guardianship of: ATTACHMENT (Number): 4b

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L-0759

ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO.: FOR COURT USE ONLY NAME: FIRM NAME: STREET ADDRESS: CITY: STATE: ZIP CODE: TELEPHONE NO.: FAX NO.: E-MAIL ADDRESS: ATTORNEY FOR (name):

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IN THE MATTER OF (Name): CASE NUMBER:

DECLARATION OF DUE DILIGENCE HEARING DATE:
AND REQUEST TO DISPENSE WITH NOTICE
DEPT.: TIME:

NOTE: Please complete Section A if you are unable to determine the name of the person to whom you are required to give notice, and/or Section B if you know the name of the person to whom you are required to give notice, but their location is unknown.

I, (name) , declare as follows:

I am a Petitioner in this action.

A. I have been unable to determine the name of the (relationship)

of the (check one) Minor(s) Conservatee Decedent. I have attempted to determine the

name of this person as follows:

I ask the court to dispense with notice to this person.

B. I have been unable to locate the whereabouts of ,

the (relationship) ____________

of the (check one) Minor(s) Conservatee Decedent.

’s last known address is:

I and/or someone else (name)

last had contact with this person (details)

Form Adopted for Optional Use DECLARATION OF DUE DILIGENCE Probate Code §§ 1511; 1822; 8100 L-0759 [Revised May 2023] www.occourts.org AND REQUEST TO DISPENSE WITH NOTICE

I attempted to reach him/her at their last known address or telephone number.

When:

How:

Result:

I searched Internet search engines (such as Bing, Google, and Yahoo, or other search engines).

Website Name:

Result:

Website Name:

Result:

Website Name:

Result:

I searched social media websites (such as Facebook, Instagram, and Twitter, or other websites).

Website Name:

Result:

Website Name:

Result:

Website Name:

Result:

I contacted his/her last known place of employment.

Employer:

Date(s) employed there:

Result:

I was unable to contact his/her last known place of employment because:

L-0759 [Revised May 2023] DECLARATION OF DUE DILIGENCE Page 2 of 4 AND REQUEST TO DISPENSE WITH NOTICE

I contacted his/her relatives.

Name: Date:

Relationship:

How:

Result:

Name: Date:

Relationship:

How:

Result:

Name: Date:

Relationship:

How:

Result:

Name: Date:

Relationship:

How:

Result:

I was unable to contact his/her relatives because:

I contacted his/her friends and acquaintances.

Name: Date:

How:

Result:

Name: Date:

How:

Result:

Name: Date:

How:

Result:

I was unable to contact his/her friends and acquaintances because:

L-0759 [Revised May 2023] DECLARATION OF DUE DILIGENCE Page 3 of 4 AND REQUEST TO DISPENSE WITH NOTICE

I contacted the County Tax Assessors Office where I believe he/she owns property.

County: Date:

Contact info:

Result:

County: Date:

Contact info:

Result:

I was unable to contact the County Tax Assessors Office because:

I have reason to believe he/she is currently in a hospital or jail.

Place: Date/Time:

Result:

Place: Date/Time:

Result:

My other effort(s) to locate him/her include:

I ask the court to dispense with notice to the person identified above because I have been

unable to give him/her notice of this proceeding, despite my diligent efforts.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and

correct. Executed on (date) at (city) , California.

(TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER)

L-0759 [Revised May 2023] DECLARATION OF DUE DILIGENCE Page 4 of 4 AND REQUEST TO DISPENSE WITH NOTICE

ATTORNEY OR PARTY (Name and Address): TELEPHONE NO.: FOR COURT USE ONLY

ATTORNEY FOR (NAME): Self-Represented SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE STREET ADDRESS: 3390 Harbor Boulevard MAILING ADDRESS: 3390 Harbor Boulevard CITY, STATE AND ZIP CODE: Costa Mesa, CA 92626

Case Name:

Case Number:

REQUEST FOR RELEASE OF CONFIDENTIAL REPORT

Please select one: X Guardianship Conservatorship

Pursuant to Probate Code section 1513(d) or 1826(n), the clerk of the court must make provisions for the availability of the court’s investigation report exclusively to persons entitled to its receipt.

1. My relationship to this case is: _____________________________________________________________________. (For example, Petitioner, Conservator, Mother, Son, Attorney for Petitioner or Attorney for Objector)

2. Name of person submitting request:

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3. If you are not a person who either filed or has been served with a copy of the petition in this case, or an attorney for

any such person, the clerk must have written authority of the Court before releasing the report. Explain here the

reasons you are asking for a copy of the report:

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---

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4. I understand and agree that the investigation report is to remain confidential.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated: ____________________________ ___________________________________________ Signature

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This order is required only if section 3 is completed.

Based on the circumstances set forth above, the Court orders:

Authority is granted to the clerk to release a copy of the report to the requesting person.

The request is denied.

Dated: _____________________________ ___________________________________________ JUDGE OF THE SUPERIOR COURT

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REQUEST FOR RELEASE OF CONFIDENTIAL REPORT

L-0211 (N8/13) Probate Code §§1513 & 1826

Rev. 1.2.26

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE SELF-HELP SERVICES

CLEARING YOUR PROBATE NOTES WORKSHOP

About Us: When? Mondays We can help self-represented litigants correct 9:00 am – 11:00 am and clear Probate Notes — court comments Wednesdays & Thursdaysthat list issues or missing documents to be 1:00 pm – 3:00 pmcorrected Where? You Choose:Scan this QR Code Remote orIn-Person:to learn more about Costa Mesa Justice ComplexProbate Notes. 3390 Harbor Blvd., #220 Costa Mesa, CA 92626 Benefits: Do I Need to Register? Learn what Probate Notes are. Yes, you must register. Learn how to find your Probate Notes online. We are unable to assist walk-ins. Learn how to correct your Probate Notes. Ask questions about your Probate Notes. What Do I Need to Bring? Work on clearing your Probate Notes. Please bring a copy of your file. Plan for the next steps in your case. Avoid delays and move your case forward.

How Do I Register?

Monday Workshops Wednesday or Thursday Workshops
Offered in English and Spanish Offered in English, Spanish, Vietnamese,
Korean, and Chinese

Online: Online: Visit: www.occourts.org/self-help Email: clearingprobatenotes@eldrcenter.org Click “Contact Self-Help Services” Link: https://forms.gle/j3AK6NZ9ijki7F2X9 Complete the request form: QR Code: • Ask to register for the workshop • Select PROBATE case-type

Phone: 714-617-2939 These workshops are conducted in collaboration with Self-Help and hosted by: Elder Law & Disability Rights Center

ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO.: FOR COURT USE ONLY NAME: FIRM NAME: STREET ADDRESS: CITY: STATE: ZIP CODE: TELEPHONE NO.: FAX NO. E-MAIL ADDRESS: ATTORNEY FOR (name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE COSTA MESA JUSTICE COMPLEX 3390 Harbor Blvd. Costa Mesa, CA 92626-1554

ESTATE OF GUARDIANSHIP OF CONSERVATORSHIP OF

(Name):

DECEDENT MINOR CONSERVATEE
CASE NUMBER:
RESPONSE TO PROBATE NOTES

DATE: TIME: DEPT:

Use this form to respond to the notes listed in the Deficiencies section of your Probate Notes. Probate Notes are located on the Court’s website at www.occourts.org under Online Services.

Make sure you respond to each Probate Note in order by writing out the note in the space provided on this form and writing your response immediately after each note. Attach additional signed pages as needed.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)

Approved for Optional Use RESPONSE TO PROBATE NOTES Cal. Rules of Court, rules 7.3(5), 7.103(b)Form #L-1332 (Rev. May 2023) www.occourts.org

SHORT TITLE: CASE NUMBER:

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)

Approved for Optional Use RESPONSE TO PROBATE NOTES Cal. Rules of Court, rules 7.3(5), 7.103(b)Form #L-1332 (Rev. May 2023) www.occourts.org