Riverside local form RI-PR051-INFO

Source: https://www.riverside.courts.ca.gov/system/files/2025-01/RI-PR051-INFO.pdf

Powers of Probate Guardian of the Person

RI-PR051-INFO

A probate guardian of the person (form GC-250) or temporary guardian of the person (form GC-150) has the following powers:

Custody The care, custody and control of the ward. Probate Code § 2351(a).

Educational Rights The charge of the education of the ward. California Probate Code § 2351(a). The probate guardian of the person holds the educational rights of the child and is authorized to make educational decisions for the child. This includes the right to register the child for school.

No special language is needed in the order appointing the probate guardian to give educational rights to the guardian.

Residence To establish the residence of the ward at any place within this state without the permission of the court, or if permission of the court is first obtained to establish the residence of a ward at a place not within this state. Probate Code § 2352. See forms GC-079, GC-080 and GC-085.

Medical Consent The same right as a parent having legal custody of a child to give consent to medical treatment performed upon the ward and to require the ward to receive medical treatment.

If the ward is 14 years of age or older, non-emergency surgery may be performed upon the ward only with either

(1) the consent of both the ward and the guardian, or (2) a court order obtained pursuant to Section 2357 specifically authorizing the surgery. If the guardian determines in good faith upon medical advice that the case is an emergency case in which the ward faces loss of life or serious bodily injury if the surgery is not performed, the consent of the guardian alone is sufficient. Probate Code § 2353.

The guardian may not administer experimental drugs or authorize sterilization. Restrictions apply to some forms of mental health treatment. Welfare & Institutions Code §§ 5150, 5325, 5350, 6000; Health and Safety Code § 111515; Probate Code § 2356.

Passport / Driver’s License To apply for a passport, identification card, instruction permit, or driver’s license for the ward.

Riverside Superior Court riverside.courts.ca.gov Form RI-PR051-INFO [New 01/10/25]