Amador — GC-205

Source: https://amador.courts.ca.gov/system/files/forms-and-filings/gc205.pdf

Legal advice – An attorney can advise you and help you prepare your inventories, accountings, and petitions to the court. If you have any questions, you should consult with an attorney. GUARDIANSHIP

OTHER GENERAL INFORMATION PAMPHLET Removal of a guardian – A guardian may be removed for specific reasons or when it is in the child's best interest. A (FOR GUARDIANSHIPS OF CHILDREN guardian may be removed either on the court's own motion or IN THE PROBATE COURT) by a petition filed by the child, a relative of the child, or any other interested person. If necessary, the court may appoint a successor guardian, or the court may return the child to a parent if that is found to be in the child's best interest. This pamphlet provides basic information about Legal documents – For your appointment as guardian to be probate guardianships for children. It includes general valid, the Order Appointing Guardian of Minor must be signed. information about court procedures, the duties and Once the court signs the order, the guardian must take prepared Letters of Guardianship to the clerk's office where the responsibilities of probate guardians, and other helpful clerk will issue the letters. Letters of Guardianship is a legal material to assist you in fulfilling the obligations of a document that provides proof that you have been appointed guardian. (For information about becoming a guardian and are serving as the guardian for a minor. You should obtain several certified copies of the Letters from the clerk. of a dependent or ward of the Juvenile Court, you These legal documents will be of assistance to you in the should consult the separate pamphlet on that subject.) performance of your duties, such as enrolling the child in Further information about probate guardianships may school, obtaining medical care, and taking care of estate business. be obtained from an attorney, the Probate Code, and Attorneys and legal resources – If you have an attorney, the private publications and resources. You should also attorney will advise you on your duties and responsibilities, the consult the court or the court clerk's office regarding limits of your authority, the rights of the child, and your dealings special procedures or rules in your county. with the court. If you have legal questions, you should consult with your attorney. Please remember that the court staff cannot give you legal advice. If you are not represented by an attorney, you may obtain answers to your questions by contacting community resources, private publications, or your local law library.

Form Adopted for Mandatory Use Judicial Council of California GC-205 [Rev. January 1, 2001]

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American LegalNet, Inc.

www.USCourtForms.com

What is Guardianship? INSURANCE Guardianship is a court process by which a person other Insurance coverage – As guardian of the estate, you should than a parent is given custody of a child or authority over a make sure that there is appropriate and sufficient insurance child's property. Appointment as guardian requires the filing of covering the assets and risks of the estate. You should a petition and approval by the court. This pamphlet will maintain the insurance in force throughout the entire period ofprovide you with some basic information about guardianships. the guardianship or until the insured asset is sold.If the court establishes a probate guardianship, the guardianship may be: RECORD KEEPING AND ACCOUNTING • A guardianship of the person of the child (custody); Records – As guardian of the estate, you must keep • A guardianship of the child's "estate" (property); or complete, accurate records of each financial transaction • Both. affecting the estate. The checkbook for the guardianship If the court appoints you as a guardian for a child, you will checking account is your indispensable tool for keeping assume important duties and obligations. You will become records of income and expenditures. You should also keep responsible to the court. It is essential that you clearly receipts for all purchases. understand your duties and responsibilities as guardian. If you have any questions, you should consult with an attorney who Record keeping is critical because you will have to prepare is qualified to advise you in these matters. an accounting of all money and property you have received, what you have spent, the date of each transaction, and its What is a Legal Guardian? purpose. You will also have to be able to describe in detail A legal guardian is an adult to whom the court has given what is left after you have paid the estate's expenses. authority and responsibility to provide care for a child, or to manage the child's assets, or both. Accountings – As guardian of the estate, you must file a petition requesting that the court review and approve your Who May Be Legal Guardians? accounting one year after your appointment and at least every Relatives, friends of the family, or other interested persons two years after that. The court may ask that you justify some may be considered as potential legal guardians. or all expenditures. You should have receipts and other documents available for the court's review, if requested. Before You File the Petition Before you file a petition for guardianship, you should If you do not file your accounting as required, the court will consider the following: order you to do so. You may be removed as guardian for failure to file an accounting. • Is a guardianship really necessary? • Have you considered the alternatives? Format – As guardian of the estate, you must comply with all • Do the parents consent to the guardianship? state and local rules when filing your accounting. A particular • Without parental consent, is there enough evidence for format is specified in the Probate Code, which you must follow you to prove the need for a guardianship? when you present your account to the court. You should check • Do you need legal advice or assistance? local rules for any special local requirements.

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If the child of whose estate you are the guardian has a living Some Alternatives to Guardianship parent or if that child receives assets or is entitled to support Private agreements – You can make a private agreement with from another source, you must obtain court approval before the child's parents to provide care for the child. A written using guardianship assets for the child's support, maintenance, agreement can be made showing that you have "custody" of or education. You must file a petition or include a request for the child with the parents' consent. Normally it is also approval in the original petition, and set forth which exceptional beneficial to secure a medical release for emergencies, circumstances justify any use of guardianship assets for the especially if a parent is not readily available. Note: The parents child's support. The court ordinarily will grant such a petition may revoke this type of agreement at any time. for only a limited period of time, usually not more than one Caregiver's Authorization Affidavit – The California Familyyear, and only for specific and limited purposes. Code allows a person who is related to a child to fill out a Caregiver's Authorization Affidavit. The affidavit normally allows that person, as a caregiver, to enroll the child in school INVENTORY OF ESTATE PROPERTY and secure medical treatment for the child. Locate the estate's property – As guardian of the estate, you You may read Family Code section 6550 for details about must locate, take possession of, and protect the child's income this law. The caregiver form may be available through your and assets that will be administered in the estate. You must local county clerk's office, through private legal publications, or change the ownership of all assets into the guardianship from a private attorney. Note: The parents may revoke your estate's name. For real estate, you should record a copy of authority or override your decision under this type of your Letters of Guardianship with the county recorder in each agreement at any time. county where the child owns real property. Other financial arrangements – The law allows parents to make other financial arrangements for property inherited by or Determine the value of the property – As guardian of the given to their children. For instance, a blocked account and estate, you must arrange to have a court-appointed referee other protective measures can be used without the determine the value of the estate property unless the appointment of a guardian of the estate. Consultation with an appointment is waived by the court. You, rather than the attorney for these types of matters is highly recommended. referee, must determine the value of certain "cash items." Note: Some financial institutions, insurance companies, and An attorney can advise you about how to do this. courts require the appointment of a guardian of the estate before they will release funds on behalf of a minor. File an inventory and appraisal – As guardian of the estate, you must file an inventory and appraisal within 90 days after THE PROCESS – BRIEFLY your appointment. You may be required to return to court 90 If you decide that a child needs a probate guardianship, the days after your appointment as guardian of the estate, to first step in the process of establishing guardianship is to fill out ensure that you have properly filed the inventory and appraisal. and file the petition and other required documents with the clerk of the court. Some counties have additional "local forms" that need to be filed along with the standard forms. Any interested party or the child, if 12 years or older, may file the petition. Specific persons must be given notice of the petition, unless excused by the court, before the court can hear the case. 10 3

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The court may order that an investigation be completed You should use the child's social security number when before it makes its decision. If this occurs, you, the child, and opening estate accounts. You should never deposit estate any other persons deemed essential will probably be contacted funds in your personal account or otherwise mix them with your about the case. The investigator will give the court a report and own funds or anyone else's funds, even for brief periods. make a recommendation on what should occur. At that stage, Securities in the estate must be held in a name that shows that the case may go to trial. The court may grant the petition or they are estate property and not your personal property. may find that there are insufficient grounds to establish a guardianship. Interest-bearing accounts and other investments – Except for checking accounts intended for ordinary expenses, you There is a fee for filing a guardianship petition. In addition, should place estate funds in interest-bearing accounts. You you may be charged a fee for a guardianship investigation. If may deposit estate funds in insured accounts in federally neither you nor the child's estate can afford to pay the fees, insured financial institutions, but you should not put more than you may request that the court waive the fee requirement. The $100,000 in any single institution. You should consult with an court clerk can provide you with a fee waiver form. attorney before making other kinds of investments. Blocked accounts – A blocked account is an account with a GUARDIANSHIP OF THE PERSON financial institution in which money or securities are placed.The probate court may appoint a guardian of the person for a No person may withdraw funds from a blocked account withoutchild when no parent is available to meet the needs of the child the court's permission.because of the parents' death, incapacity, abandonment, military obligations, or other reasons. Depending on the amount and character of the child's property, the guardian may elect or the court may require Fundamental Responsibilities – The guardian of the person that estate assets be placed in a blocked account. As of a child has the care, custody, and control of the child. As guardian of the estate, you must follow the direction of the guardian, you are responsible for providing for food, clothing, court and the procedures required to deposit funds in this type shelter, education, and all the medical and dental needs of the of account. The use of a blocked account is a safeguard and child. You must provide for the safety, protection, and physical may save the estate the cost of a bond. and emotional growth of the child. Like a parent, you should maintain close contact with the child's school and physician. Other restrictions – As guardian of the estate, you will have Raising children is not always easy. You should become other restrictions on your authority to deal with estate assets. familiar with community resources that can assist both you and Without prior court order of the court, you may not pay fees to the child. You may get help and information from a support yourself or your attorney. You may not make a gift of estate group for guardians. assets to anyone. You may not borrow money from the estate. You may not use estate funds to purchase real property Custody – As guardian of the person of the child, you have full without prior court order. legal and physical custody of the child and are responsible for all decisions relating to the child. The child's parents can no If you do not obtain the court's permission to spend estate longer make decisions for the child while there is a funds, you may be compelled to reimburse the estate from guardianship. The parents' rights are suspended—not your own personal funds and may be removed as guardian. terminated—as long as a guardian is appointed for a minor. If

funds, you may be compelled to reimburse the estate from guardianship. The parents' rights are suspended—not your own personal funds and may be removed as guardian. terminated—as long as a guardian is appointed for a minor. If

funds, you may be compelled to reimburse the estate from

guardianship. The parents' rights are suspended—not your own personal funds and may be removed as guardian. terminated—as long as a guardian is appointed for a minor. If You should consult with an attorney concerning the legal you wish, you may ask the parents for their opinions about requirements relating to sales, leases, mortgages, and matters relating to the child. investment of estate property. 4 9

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services for the child, or to follow a scheduled visitation plan Education – As guardian of the person of the child, you are between the child and the child's parents or relatives. As responsible for the child's education. You determine where the guardian, you must follow all court orders. child should attend school. As the child's advocate within the school system, you should attend conferences and play an Termination of guardianship of the person – A guardianship active role in the child's education. For younger children, you of the person automatically ends when the child reaches the age may want to consider enrolling the child in Head Start or other of 18, is adopted, marries, is emancipated by court order, enters similar programs. For older children, you should consider their military service, or dies. If none of these events has occurred, future educational needs such as college or a specialized the child, a parent, or the guardian may petition the court for school. You must assist the child in obtaining services if the termination of guardianship. But it must be shown that the child has special educational needs. You should help the guardianship is no longer necessary or that termination of the child in setting and attaining his or her educational goals. guardianship is in the child's best interest. Residence – As guardian, you have the right to determine where the child lives. The child normally will live with you, but GUARDIANSHIP OF THE ESTATE when it is necessary, you are allowed to make other arrangements if they are in the best interest of the child. You If the court appoints you as guardian of the child's estate, should obtain court approval before placing the child back with you will have additional duties and obligations. The money his or her parents. and other assets of the child are called the child's "estate." As guardian, you do not have the right to change the child'sAppointment as guardian of a child's estate is a solemn residence to a place outside California unless you first receivematter. It is taken very seriously by the court. The guardian of the court's permission. If the court grants permission,the estate is required to manage the child's funds, collect and California law requires that you establish legal guardianship inmake an inventory of the assets, keep accurate financial the state where the child will be living. Individual states haverecords, and regularly file financial accountings with the court. different rules regarding guardianships. You should seekThe use of an attorney for legal advice in managing the estate additional information about guardianships in the state whereis recommended. you want the child to live. MANAGING THE ESTATE Medical treatment – As guardian, you are responsible for meeting the medical needs of the child. In most cases, youPrudent investments – As guardian of the estate, you must have the authority to consent to the child's medical treatment.manage the child's assets with the care of a prudent person However, if the child is 14 years or older, surgery may not bedealing with someone else's property. This means that you performed on the child unless either (1) both the child and themust be cautious and may not make speculative or risky guardian consent or (2) a court order is obtained thatinvestments. specifically authorizes the surgery. This holds true except in Keeping estate assets separate – As guardian of the estate, emergencies. you must keep the money and property of the child's estate A guardian may not place a child involuntarily in a mental separate from everyone else's, including your own. When you health treatment facility under a probate guardianship. A open a bank account for the estate, the account name must mental health conservatorship proceeding is required for such indicate that it is a guardianship account and not your an

involuntarily in a mental separate from everyone else's, including your own. When you health treatment facility under a probate guardianship. A open a bank account for the estate, the account name must mental health conservatorship proceeding is required for such indicate that it is a guardianship account and not your an involuntary commitment. However, the guardian may personal account. secure counseling and other necessary mental health services for the child. A variety of counseling services is available to 8 5

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help children. As guardian, you are expected to secure Driver's license – As guardian of the person, you have the necessary services, cooperate with counselors, and maintain authority to consent to the minor's application for a driver's regular contacts with the child's treatment providers. license. If you consent, you will become liable for any civil The law allows older and more mature children to consent damages that may result if the minor causes an accident. The to their own treatment in certain situations, such as outpatient law requires that anyone signing the DMV application obtain mental health treatment, medical care related to pregnancy or insurance to cover the minor. sexually transmitted diseases, and drug and alcohol treatment. Enlistment in the armed services – The guardian may Community resources – There are agencies in each county consent to a minor's enlistment in the armed services. If the that may be helpful in meeting the specific needs of children minor enters into active duty with the armed forces, the minor who come from conflicted, troubled, or deprived environments. becomes emancipated under California law. If the child has special needs, you must strive to meet those Marriage – For the minor to marry, the guardian and theneeds or secure appropriate services. Some children may court must give permission. If the minor enters a validhave physical or learning disabilities. Other children come from marriage, the minor becomes emancipated under Californiaabusive homes or have been victims of abuse. Counseling and other services may be necessary to assist a child who has law. special needs or has had unpleasant life experiences. If you Change of address – A guardian must notify the court in need assistance, you should check with the court or with your writing of any change in the address of either the child or the local child protective services agency for a referral to agencies guardian. This includes any changes that result from the that can help you and the child. child's leaving the guardian's home or returning to the parent's home. You must always obtain court permission before youFinancial support – Even when the child has a guardian, the move the child to another state or country.parents are still obligated to support the child financially. The guardian may take action to obtain child support. You may Court visitors and status reports – Some counties have a contact the local child support agency in your county to collect program which "court visitors" track and review guardianships. support from a parent. The child may also be eligible for If your county has such a program, you will be expected to Temporary Aid for Needy Families, TANF, formerly known as cooperate with all requests of the court visitor. Also, as AFDC, social security benefits, Veterans Administration guardian, you may be required to fill out and file status reports. benefits, Indian child welfare benefits, and other public or In all counties, you must cooperate with the court and court private funds. investigators. Visitation – The court may require that you allow visitation or Misconduct of the child – A guardian, like a parent, is liablecontact between the child and his or her parents. The child's for the harm and damages caused by the willful misconduct ofneeds often require that the parent-child relationship be a child. There are special rules concerning harm caused themaintained, within reason. However, the court may place use of a firearm. If you are concerned about your possiblerestrictions on the visits, such as the requirement of liability, you should consult an attorney.supervision. The court may also impose other conditions in the child's best interest. Additional responsibilities – The court may place other Under most circumstances, it is best for you to have a conditions on the guardianship or additional duties upon you, working relationship with the parents if possibl

t may also impose other conditions in the child's best interest. Additional responsibilities – The court may place other Under most circumstances, it is best for you to have a conditions on the guardianship or additional duties upon you, working relationship with the parents if possible. However, in as guardian. For example, the court may require the guardian every case, you must follow all orders of the court, including to complete counseling or parenting classes, to obtain specific those that may restrict contacts and visitation. 6 7

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