GC-205-INFO Information on Probate Guardianship of the Person

Source: https://www.courts.ca.gov/documents/gc205info.pdf

GC-205-INFOGC-205-INFO InformationInformation onon ProbateProbate GuardianshipGuardianship ofof thethe PersonPerson

This form gives general information about guardianship of the person For an overview of guardianship and a under the Probate Code. It discusses: comparison of probate and juvenile court guardianships with placement Alternatives to guardianship; ordered by the juvenile court with a foster/resource family, read Nomination of a guardian; Comparison of Guardians With Other Who can be appointed as a guardian; Nonparent Caregivers (form GC-207- INFO/JV-352-INFO). For information How to ask the probate court to appoint a guardian; on juvenile court guardianship, read How to formalize the appointment; Information on Juvenile Court Guardianship (form JV-350-INFO). The rights and duties of a guardian of the person; For information on probate Court oversight, removal, and replacement of the guardian; and guardianship of the estate, read How and when a guardianship can end. Information on Probate Guardianship of the Estate (form GC-206-INFO).

CAUTION: This form is not a substitute for legal advice from a licensed attorney. Parents and potential nonparent caregivers considering guardianship should consult a lawyer for answers to questions or concerns about their situation. Click this link, www.courts.ca.gov/selfhelp-findlawyer.htm, for help finding a lawyer. More information is available from the California Courts Online Self-Help Center and private publications and resources. The superior court clerk’s office or self-help center also has general information, as well as information about any local procedures or rules.

Before asking a court to appoint a guardian, a parent or potential guardian may find it useful to think about these questions: Does the child really need a guardianship? What alternatives, such as those discussed on pages 2 and 3, are available? Would any of those alternatives be better for the child? Do the parents know about the alternatives and agree to the guardianship? If the parents don’t agree, is there enough evidence to show the court that the child needs a guardian? A person who cannot answer these questions is strongly encouraged to seek legal advice or, at least, more information.

however, terminate parental rights without additional 11 What Is a Guardianship? action by the guardian and the court. For more information,

A guardianship of the person is a court-ordered see 10 and 15 , below. relationship that gives an adult, called a guardian, legal and physical custody of a child, with the right to make 2 Are There Nonparental Caregiver parental decisions about the child’s care and control, Arrangements That Do Not Require a residence, education, and medical treatment. (For a detailed Court Order? discussion of a guardian’s rights and duties, see 11 , Yes. Parents can make arrangements for their child to livebelow.) with an adult who is not the child’s parent without going to With a couple of exceptions (see 3 , below), parents may court. These arrangements can be useful if a parent knows not be appointed guardians of their own child. or believes they will not be able to take care of the child for Appointment of a guardian of the person completely a limited time. For example, a custodial parent may be ill; suspends the parents’ rights to have the child live with need hospitalization or other residential treatment; be them and to make decisions for the child for as long as the detained, deported, or incarcerated; or be deployed on guardianship lasts. The appointment of a guardian does not, active military duty.

Judicial Council of California, www.courts.ca.gov GC-205-INFO, Page 1 of 9Rev. January 1, 2023, Optional Form Information on Probate Code, §§ 1470, 1510–1610, 2100–2359, 2650–2670 Probate Guardianship of the Person

GC-205-INFOGC-205-INFO InformationInformation onon ProbateProbate GuardianshipGuardianship ofof thethe PersonPerson

2

Under California law, a parent cannot give custody of their a. The child’s parent can veto any of the caregiver’s child to another person without a court order. Only a court decisions, can take the child to live with them at any can order legal and physical custody taken from a parent time, even if the caregiver does not think that is best and given to a nonparent. This can happen in a few for the child, and can end the CAA at any time. different types of cases, including a family law child custody case, a probate guardianship of the person, an b. Written caregiver agreement (power of adoption case, and a juvenile court case. attorney) If a parent allows an adult relative or friend to take A parent who has full custody of a child can use atemporary care of their child, some service providers will power of attorney (POA) to authorize another adultquestion the caregiver’s authority to make decisions or give to take care of their child. A POA is a writtenpermission for the child’s activities or treatment. For document signed by one person giving anotherexample, a school may require written proof of the person authority to act for the first person.caregiver’s right to enroll a child in school, or a health care provider may require a formal, written document that CAUTION: Many child custody experts shows parental authorization of the caregiver to consent to discourage parents from using a POA to authorize the child’s medical or dental care. This section discusses another adult to take care of a child. Creating a several ways to arrange for another adult to exercise valid POA is difficult. It requires precise parental authority. language, several formal steps, and can easily lead parents to grant rights different from those they a. Caregiver's Authorization Affidavit intend. Any parent thinking about using a POA is strongly encouraged to consult an attorney to The Family Code allows an adult, other than a discuss the pros and cons. parent, with whom a child is living to complete and sign a Caregiver’s Authorization Affidavit (CAA) and A POA may be useful if a parent knows or believes make certain decisions for the child. A completed they will be unavailable for a specific time, such as CAA authorizes a nonrelative caregiver to enroll the an active-duty military deployment, or wants to give child in school and consent to the child’s school- a caregiver more authority than is allowed by a CAA. related medical care. A relative caregiver who With a POA, a parent can give a caregiver all or provides additional information on the CAA also has some of the same powers as a guardian of the person authority to consent to the child’s medical and dental (see 1 and 11 for discussions of those powers). care and limited authority over a child’s mental If the caregiver agrees in writing, they owe the parent health care. a strict duty to exercise the powers specified in the Family Code section 6550 authorizes use of the POA. The agreement is important. Without an CAA. Section 6552 describes the required contents agreement, a caregiver has no duty to use the powers of the CAA form. You can find a sample of the form the parent has given them in the POA to care for the here: www.courts.ca.gov/documents/caregiver.pdf. A child. A parent who creates a POA also keeps all paper copy may be available from your superior powers and duties to care for their child. If a court clerk’s office or self-help center, or the county caregiver under a POA does not properly care for the public law library. child, the parent is still responsible for doing so. A CAA does not need to be filed in court, but it must In addition, the child’s parent can veto any of the be signed by the caregiver under penalty of perjury, caregiver’s decisions, can take the child to live with which means that a caregiver who lies on the form them at any time even if the caregiver does not think can be charged with a crime. A CAA does not affect that is best for the child, and can end the arrangement the decision-making rights of the child’s parents and at any time. does not give the caregiver custody of the child.

Rev. January 1, 2023 GC-205-INFO, Page 2 of 9 Information on Probate Guardianship of the Person

GC-205-INFOGC-205-INFO InformationInformation onon ProbateProbate GuardianshipGuardianship ofof thethe PersonPerson

c. Voluntary Placement Agreement 3 Who Can Be Appointed as Guardian?

In some circumstances, parents can also voluntarily The court may appoint any adult (a person 18 years of age give temporary care and custody of their child to a or older)—including a relative, a friend of the family, or child welfare agency, probation department, or tribe another interested person—as guardian of a child’s person. without a court order. This Voluntary Placement The court may not appoint a parent unless (a) the parent is Agreement (VPA) must satisfy certain legal terminally ill and is appointed as co-guardian with a conditions; specify the child’s legal status and the nonparent or (b) the child is 18–20 years old, has rights and obligations of the parents, the child, and consented, and has requested Special Immigrant Juvenile the agency taking custody of the child; and be findings. documented on Voluntary Placement Agreement— Placement Request (California Department of Social 4 Can a Parent or Other Person Pick the Services form SOC 155, available at https://cdss.ca. Person They Want to Be the Guardian? gov/cdssweb/entres/forms/English/soc155.pdf). A parent can nominate a guardian if: Under a VPA, the child is placed in foster care, The other parent(s) also nominate, or consent in writing which includes placement in the home of a relative or to the nomination of, the same guardian for that child. nonrelative extended family member if possible. The child may be eligible for foster care benefits, but the When the petition for appointment is filed, the other parents may also be required to pay for a portion of parent(s) are dead or lack legal capacity to consent to the child’s care. The agreement usually lasts for 6 the nomination, or the consent of the other parent would months, but it may be extended for an additional 6 not be required for the child’s adoption. months for a total period not to exceed 12 months. Parents can terminate the agreement at any time but, The parent may make the nomination in the petition for as noted above, if they end it before the child welfare appointment, at the hearing on the petition, or in a writing agency agrees, the agency can file a dependency signed before or after the petition is filed. The nomination petition for the child in juvenile court. may state that the parent wants the nominee, if appointed, to have the same authority over the child as a parent with d. Indian custodianship legal custody would have and to be able to exercise that authority without court oversight to the same extent as a An Indian custodianship can provide another option parent with legal custody would be able to. that does not require court involvement if the child is The nomination is effective when made, except that a an Indian child, as defined by the federal Indian written nomination may provide that the nomination takes Child Welfare Act (ICWA). An Indian custodian is effect only when a specified event or events, including the any Indian person who has legal custody of an Indian parent’s later legal incapacity, detention, or death, has child under tribal law or custom or under state law. occurred. Although under California law, a nonparent may gain legal custody of a child, including an Indian child, Unless a written nomination provides otherwise, the only by court order, the state recognizes legal nomination remains in effect even if the parent later dies or custody of an Indian child that is valid under tribal is determined to lack legal capacity. law or custom. The child’s parent may also create an Indian custodianship without a court order by 5 Who Can Request Appointment of a transferring temporary physical care, custody, and Guardian? control of the Indian child to an Indian person. A relative or other person, including the child if 12 years old or older, can file a petition asking the court to appoint a guardian. The person who files the petition does not need to be the same person as the one who wants to be appointed guardian, but usually is. This form assumes that the same person is filing the petition and asking to be guardian.

Rev. January 1, 2023 GC-205-INFO, Page 3 of 9 Information on Probate Guardianship of the Person

GC-205-INFOGC-205-INFO InformationInformation onon ProbateProbate GuardianshipGuardianship ofof thethe PersonPerson

6 Filing the Petition and Giving Notice of b. Notice the Hearing Before the court can hold a hearing to decide the petition, the person who filed the petition must give a. Petition notice of the hearing to specific persons unless the Once a person has decided that a child needs a court finds that the petitioner tried diligently and guardian appointed, the first step in the process of could not give notice to a person or that notice would establishing guardianship is to complete Petition for be against the interests of justice. The notice must Appointment of Guardian of Minor (form GC-210) or include a copy of the petition and a copy of Petition for Appointment of Guardian of the Person Comparison of Guardians With Other Nonparent (form GC-210(P)) and all other required documents. Caregivers (form GC-207-INFO/JV-352-INFO). Then file the forms with the clerk of the court in the Notice must be given to the child if 12 years old or county where the child lives unless it would be better older, the parents, anyone else with legal custody, for the child to file the petition in a different county. and anyone nominated to be the guardian by serving A list of statewide forms that need to be filed with a them personally or, if that is not possible, by first- petition for appointment of a guardian of the person class mail with an acknowledgment of receipt is available on Forms You Need to Ask the Court to requested. For more information about service of Appoint a Guardian of the Person (form GC-505). notice, see What Is “Proof of Service” in a Some courts have additional local forms that need to Guardianship? (form GC-510). Other persons may be filed along with the statewide forms. be given notice personally, by mail, or, if they NOTE: After a petition is filed, the court may, but is consent, electronically. If the child is an Indian child, not required to, appoint an attorney to represent the notice must be mailed to any Indian custodian and child. Any interested person can ask the court to the child’s tribe as required by the Indian Child appoint an attorney for the child. If the child is an Welfare Act. Indian child, the child’s parent or Indian custodian has a right to an appointed attorney if they cannot 7 Investigation afford to hire an attorney. The court is not otherwise a. Guardianship investigation authorized to appoint an attorney for a parent or for Unless it finds a good reason not to, the court will the petitioner. order an investigation before the hearing on the The petition needs to ask the court to appoint a petition to appoint a guardian. A court investigator guardian of the person or a guardian of both the will contact the proposed guardian, the parents, the person and the estate, give the proposed guardian’s child, and any other persons who might know about name and address and the child’s name and date of the child’s family and their needs. The investigator birth, and state that the appointment is “necessary or will give a report to the court and make a convenient.” The petition must also give the names recommendation on what decision the court should and addresses of the child’s parents and other persons make. The report is confidential; the court will make who have specific relationships with the child. If the it available only to persons served (see item 6b, child is an Indian child, the petition must state that above) in the proceeding and their attorneys. fact and give the name and address of any Indian The court or county charges a fee for conduct

it available only to persons served (see item 6b, child is an Indian child, the petition must state that
above) in the proceeding and their attorneys. fact and give the name and address of any Indian
The court or county charges a fee for conducting the custodian and the child’s tribe. The petition must also
guardianship investigation. The court can waive its tell the court whether there are any adoption, child
fee if it would cause a hardship to the child or the custody, juvenile court, family law, or other
child’s estate. The county may also waive its fee guardianship proceedings affecting the child in
because of hardship. progress in California or any other state or country.
The court charges a fee for filing a guardianship b. Child welfare referral and investigation
petition. If the child or the child’s estate cannot If the probate court thinks the child has been, or is at
afford to pay the fees, the petitioner can ask the court risk of being, abused or neglected by a parent, the
to waive the fee requirement. The court clerk can court may refer the child to the county child welfare
provide the required fee waiver forms. agency for an investigation and commencement of

Rev. January 1, 2023 GC-205-INFO, Page 4 of 9 Information on Probate Guardianship of the Person

GC-205-INFOGC-205-INFO InformationInformation onon ProbateProbate GuardianshipGuardianship ofof thethe PersonPerson

b. juvenile court proceedings. If the probate court The longer a child has been living safely with the proposed makes a referral, the guardianship proceedings are guardian, the more likely a court is to find that returning to paused, but the probate court can make any order the parents is detrimental to the child or not in the child’s necessary to protect the child, including an order best interest. appointing a temporary guardian or issuing a temporary restraining order. 9 Affirmation and Letters If, after three weeks, the agency has not notified the For appointment of a guardian to be valid, the court must probate court that it has filed a petition to begin sign the Order Appointing Guardian or Extending proceedings in juvenile court, the probate court or the Guardianship of the Person (form GC-240). Once the court child’s attorney, if the probate court has appointed signs the order, the guardian needs to complete Letters of one, may file a request with the juvenile court to Guardianship (form GC-250) and take both forms GC-240 review the agency’s decision not to begin juvenile and GC-250 to the clerk’s office. After affirming that the court proceedings and to order the agency to file a guardian will perform their duties according to law, the petition to begin those proceedings. clerk will issue Letters of Guardianship, a legal document If the juvenile court begins proceedings, the probate that is proof of appointment as the child’s guardian. The guardianship proceedings must remain paused. If the clerk will keep the original Letters in the case file. The juvenile court does not begin proceedings, the guardian should buy a certified copy from the clerk, make probate court can hold a hearing and decide whether photocopies of the certified copy, and keep the certified to appoint a guardian. copy in a safe place. Showing officials and service providers a copy of the Letters will help the guardian 8 Hearing and Standard for Appointment perform their duties, such as enrolling the child in school and obtaining medical care, by verifying their legal An interested person may appear and object or respond to authority to act on the child’s behalf. the petition in writing at or before the hearing. In addition, an interested person may appear and object or respond 10 Custody and Visitation Rights—orally at the hearing. If no one objects, the court may Guardians and Parents decide the matter on the verified petition and declarations. If a person objects, then the court will consider evidence, A guardian of the person has full legal and physical determine any issues, and make appropriate orders. custody of the child and is responsible for all decisions Based on its determination of the child’s best interest, the relating to care and control of the child. The child’s parents court may grant the petition, may grant another person’s can no longer make decisions for the child during a petition, or may find that the child does not need a guardianship. The rights of the parents are completely guardianship and deny all the petitions. The probate court suspended—not terminated—as long as the guardianship may appoint a guardian for a child when the appointment is remains in effect. “necessary or convenient.” This can happen if no parent is If a guardian is appointed, a parent or other person can ask willing, available, or suitable to have care, custody, and the court to order the guardian to let them visit or spend control of the child. A parent may not be able to care for time with the child. If the court does not make an order, the the child because of the parent’s death, incapacity, military guardian can decide who visits the child, how often, and obligations, detention, or other reasons. The petitioner must for how long. prove to the court that a guardianship is needed. After the child has been in the guardian’s custody for a Appointing a guardian of the person may be necessary or minimum time—varying from six months to three years convenient if the court decides that the appointment is in depending on the applicable statute—the guardian may the child’s best interest. If a parent objects to the petition to terminate parental rights and adopt the child. appointment of a guardian of the person, the court must, before appointing a guardian, find that remaining in or returning to parental custody would be detrimental (harmful) to the child.

Rev. January 1, 2023 GC-205-INFO, Page 5 of 9 Information on Probate Guardianship of the Person

GC-205-INFOGC-205-INFO InformationInformation onon ProbateProbate GuardianshipGuardianship ofof thethe PersonPerson

11 Guardian's Rights and Duties c. Education A guardian of the person holds the child’s a. Basic rights and duties educational rights and is responsible for the child’s A guardian of the person generally has the same education. The guardian determines where the child rights to legal and physical custody of the child as a will attend school and helps the child set and attain parent. If a parent nominates a person as guardian educational goals. The guardian must assist the child and that person is appointed by the court, the court in obtaining services if the child has special will grant the guardian, to the extent provided in the educational needs. As the child’s advocate in the nomination, the same rights and duties regarding the school system, the guardian should attend teacher child that a custodial parent has unless the court finds conferences and play an active role in the child’s good cause to withhold any of them. education. The guardian of a younger child may want to consider enrolling the child in Head Start or In other circumstances, however, the court can order another similar program. The guardian of an older the guardian to get court approval before taking child should consider the child’s future educational specific actions for which a parent would not need needs, such as college or a specialized school. court approval. The order of appointment and the Letters will state whether the court has placed limits d. Health care on the guardian’s authority. A guardian of the person is responsible for meeting If the child has special needs, a guardian must strive the child’s medical, dental, and mental health needs. to meet those needs or secure appropriate services. In most cases, the guardian has the authority to Some children may have physical or learning consent to the child’s medical treatment. However, disabilities. Other children come from abusive homes surgery may not be performed on a child 14 years old or have been victims of abuse. Counseling and other or older except in an emergency unless either (1) services may be necessary to assist a child who has both the child and the guardian give consent or (2) a special needs or has had difficult or traumatic life court order specifically authorizes the surgery. experiences. A guardian of the person may not place a child in a A guardian is responsible for providing for food, mental health treatment facility against the child’s clothing, shelter, education, and all the medical and wishes. A mental health conservatorship proceeding dental needs of the child. A guardian must also is required for such an involuntary placement. provide for the safety, protection, and physical and However, the guardian should arrange counseling emotional growth of the child. Like a parent, a and other mental health services for the child if guardian should maintain close contact with the appropriate. child’s school and physician. In certain situations, the law allows older and more mature children to consent to their own treatment, b. Residence including outpatient mental health treatment, medical A guardian of the person has the right to decide care related to pregnancy or sexually transmitted where the child lives. The child normally lives with diseases, and drug and alcohol treatment. the guardian, but the guardian can make other arrangements if they are in the best interest of the e. Financial support child. The guardian should check with the court Even when the child has a guardian, the parents are before placing the child to live with the parents. still obligated to support the child financially. The A guardian must give proper written notice to the guardian may take action to obtain child support. court and other persons of any change of address of You may contact the local child support agency in either the child or the guardian. A guardian must get your county to collect support from a parent. The permission from the court before changing the child may also be eligible for other public benefits, child’s address to a place outside California. Social Security benefits, Veterans Administration benefits, Indian child welfare benefits, and other public or private funds. For information about some options, see 12 , below.

Rev. January 1, 2023 GC-205-INFO, Page 6 of 9 Information on Probate Guardianship of the Person

GC-205-INFOGC-205-INFO InformationInformation onon ProbateProbate GuardianshipGuardianship ofof thethe PersonPerson

f. Consent to changes to child's legal status 12 Financial Support and Services for A guardian of the person has the authority to consent Children in Probate Guardianship to (allow) many changes the child may want to make in the transition to independent adulthood. These a. Subject to certain conditions, a child living in the include: home of a nonrelative probate guardian may receive state Aid to Families with Dependent Children— (1) United States passport application Foster Care (AFDC-FC) in the same monthly amount A guardian has authority to apply for a United as a child placed in the home of a foster parent or States passport for the child. resource family. A child living with a relative guardian may receive CalWORKs cash payments (2) Driver's license application based on income. A guardian has authority to consent to a child’s A youth 18 years of age or older who continues driver’s license application. By giving consent, living with a former guardian may continue to the guardian becomes liable for any civil receive AFDC-FC or CalWORKs while attending damages that result if the minor causes an high school or an equivalent full-time educational or accident. The law requires that anyone signing vocational training program if expected to graduate the DMV application obtain insurance to cover before the reach age 19 or, if they have a disability the minor. and are attending high school full time, until age 21. (3) Enlistment in the armed services b. California offers a variety of publicly funded The guardian has authority to consent to a childcare programs that help low-income families, minor’s enlistment in the armed services. If the including families of children living with guardians, minor enters into active duty with the armed pay for childcare. These programs include services, the minor becomes emancipated under CalWORKs childcare, Alternative Payment program California law, and the guardianship ends. (AP) voucher and contract-based childcare, (4) Marriage California State Preschool Program (CSPP), Head For the child to get married, both the guardian Start and Early Head Start, and Transitional and the court must give permission. If the minor Kindergarten. Many of these childcare programs enters a valid marriage, the minor becomes offer special consideration for families caring for emancipated under California law, and the children who have been formally or informally guardianship ends. placed outside their home. Each county in California has at least one childcare g. Liability for child's misconduct resource and referral agency that helps families find A guardian, like a parent, is liable for the harm and childcare and figure out whether they qualify for damage caused by the willful misconduct of a child. public funding to help pay for it. Guardians can use There are special rules concerning harm caused by this website to find their local resource and referral the use of a firearm. If you are concerned about your agency: https://rrnetwork.org/family-services/find- possible liability, you should consult an attorney. child-care. This section discusses the main childcare h. Additional duties programs in California. The court may place other conditions on the (1) CalWORKs childcare vouchers: guardianship or additional duties on the guardian. For CalWORKs childcare has three stages: example, the court may require the guardian to Stage 1: An entitlement for parents or guardians complete counseling or parenting classes, to obtain receiving CalWORKs cash assistance or who specific services for the child, or to follow a

es: example, the court may require the guardian to Stage 1: An entitlement for parents or guardians complete counseling or parenting classes, to obtain receiving CalWORKs cash assistance or who specific services for the child, or to follow a received cash assistance in the past 24 months scheduled visitation plan between the child and the and are engaged or want to engage in a Welfare- child’s parents or relatives. The guardian must follow to-Work activity. Families stay in Stage 1 until all court orders. they are transferred to Stage 2.

Rev. January 1, 2023 GC-205-INFO, Page 7 of 9 Information on Probate Guardianship of the Person

GC-205-INFO Information on Probate Guardianship of the Person

(1) Stage 2: An entitlement for parents or guardians (4) Head Start and Early Head Start: who received CalWORKs cash assistance in the Families experiencing homelessness or receiving past 24 months or a lump-sum diversion payment CalWORKs cash assistance or supplemental or services. See (2), below, for eligibility security income (SSI) qualify regardless of requirements. income. Other families must qualify based on Stage 3: Subject to enough funding, families are income. Head Start offers full services to families transferred to Stage 3 after 24 months of with children ages 3–5; Early Head Start is for receiving cash assistance or if they received a pregnant women and children under age 3. lump-sum diversion payment or services. See (2), (5) Transitional Kindergarten: below, for eligibility requirements. No-cost early care and education for 4-year-olds Families get continuous CalWORKs childcare offered on school campuses. Parents and for children in their care, including children in guardians with childcare subsidies may keep their formal and informal out-of-home care, for at least 4-year-old children in non-school settings if they 12 months until recertification. Childcare is prefer. available until the child is 13 years old or until c. Other community resources the child is 21 years old if they have a disability. Each county has agencies and service providers that Qualifying families should not be put on a can help a guardian meet the specific needs of a child subsidized childcare waiting list for CalWORKs who comes from a conflict-filled, troubled, or Stages 1 and 2, as these are entitlement programs. deprived environment. If the child has special needs, Families can choose a childcare center, family the guardian must strive to meet those needs or childcare home, or family, friend, or neighbor secure appropriate services. Some children have setting that best meets their needs.* physical or learning disabilities. Other children come from abusive homes or have been victims of abuse. A (2) AP voucher and contract-based childcare child who has special needs or has had traumatic life (including CalWORKs Stages 2 and 3): experiences may need counseling and other services. Families qualify for childcare based on income, The probate court cannot help a guardian get or if they receive CalWORKs cash assistance, or services. To find resources and get referrals, the if they are experiencing homelessness and the guardian can check with the court self-help center, parent or guardian has a “need” for child care (for the local child welfare agency, or even a support example, if they are working or going to school). group for guardians. A relative guardian can start by Families have continuous eligibility for at least visiting the California Kinship Navigator at www. 12 months until recertification, until the child is getvirtualsupport.org/app/. 13 years old or until the child is 21 years old if the child has a disability. Families can choose a 13 Court Oversight of Guardian childcare center, family childcare home, or family, friend, or neighbor setting that best meets Guardians are subject to the regulation and control of the their needs.* court in performing their duties. To the extent resources are available, the court will require the guardian to complete * Some counties may require guardians to use licensed “family, friend, or neighbor” child care. and submit annual status reports to the court. Confidential Guardianship Status Report (form GC-251) must be used (3) California State Preschool Program for this report. The report must provide information about (CSPP): the child’s residence, education, physical and emotional AP voucher and contract-based child care health, other persons the child lives with, the child's eligibility requirements apply, but there are some relationship with the parents, and whether the guardianship exceptions. CSPP is for children ages 4–5, and is still needed. If the guardian,

the child’s residence, education, physical and emotional
AP voucher and contract-based child care health, other persons the child lives with, the child's
eligibility requirements apply, but there are some relationship with the parents, and whether the guardianship
exceptions. CSPP is for children ages 4–5, and is still needed. If the guardian, the child, or another
there are no “need-based” requirements for part- interested person wants the court to decide whether the
day CSPP. CSPPs are located on school guardian has the authority or duty to take or not take a
campuses and in neighborhoods. specific action, they can file a petition. After notice and a
hearing, the court will decide and make orders.

Rev. January 1, 2023 GC-205-INFO, Page 8 of 9 Information on Probate Guardianship of the Person

GC-205-INFO Information on Probate Guardianship of the Person

13 In addition, some counties have “court visitors” who track Under the Probate Code, for example, if a child, other than and review guardianships. In these counties, a guardian is an Indian child, has lived with a probate guardian for at expected to cooperate with all requests of the court visitor. least two years and the court has found that adoption by the And no matter the county, the guardian must always guardian would be in the child’s best interest, a proceeding cooperate with the court and court investigators. to terminate parental rights may be brought in the guardianship proceeding, in an adoption proceeding, or in a 14 Removal and Replacement of Guardian separate action. The rights and procedures in Family Code sections 7800–7895, including a parent’s right to noticeAfter notice and a hearing on a petition filed by the child, a and counsel, apply to this proceeding. (Family Coderelative or friend of the child, or any other interested section 8802 provides different waiting periods andperson, the probate court may remove a guardian for procedures depending on the situation.)specific reasons or when it is in the child’s best interest. The court may also suspend the powers of the guardian If the guardianship is terminated while the child is still a until it can hold a hearing on the petition for removal. A minor, and no other custodial arrangement is ordered, the guardian may also file a petition to resign, and, if the court child returns to parental custody. determines after a hearing that the resignation appears If the child, before reaching age 18, has requested or proper, the court must allow it. consented to the extension of the guardianship to allow If there is a vacancy for any reason, the court may appoint time to complete a federal application for Special a successor guardian after notice and a hearing as in the Immigrant Juvenile status, the court may extend the case of the original appointment. guardianship past the youth’s 18th birthday, but not past the youth's 21st birthday. 15 Termination of Guardianship 16 Legal Advice and Resources A guardianship of the person automatically terminates (ends) when the child reaches age 18 or one of the As noted on page 1, prospective guardians and parents are following events occurs before the child reaches age 18: strongly encouraged to talk with an attorney. The attorney can advise them about the legal effect of a The child is adopted; guardianship on parental rights, a guardian’s rights and responsibilities, the limits of a guardian’s authority, the The child is emancipated by getting married, enlisting in rights of the child, and the court processes for appointing, the military, or court order; or overseeing, modifying, and terminating a guardianship. The child dies. Court staff cannot give legal advice. The court’s self-help center can, however, give legal information to a personIf none of these events has occurred, the child, a parent, or who is not represented by an attorney and help the personthe guardian may petition the court for termination of fill out any forms they need to file. Information andguardianship before the child reaches age 18. To grant the answers can also be found by contacting local communitypetition, the court must find that termination is in the resources, researching private publications, or visiting thechild’s best interest. county public law library.The longer a child has been living safely with the guardian, the more difficult it will be to show that ending the guardianship is in the child’s best interest. In fact, several statutes authorize a guardian to file a petition to terminate parental rights in conjunction with a request to adopt the child.

Rev. January 1, 2023 GC-205-INFO, Page 9 of 9 Information on Probate Guardianship of the Person

Print this form Save this form