GC-206-INFO Information on Probate Guardianship of the Estate

Source: https://www.courts.ca.gov/documents/gc206info.pdf

GC-206-INFO Information on Probate Guardianship of the Estate

This form is about acting as a guardian of the estate to manage a child’s money For information about probate or other property and preserving it until the child reaches 18 years of age. guardianship of the person, read Judicial Council form GC-205-INFO.The form explains: For information about juvenile court • What is a guardian of the estate and who can be appointed as one; guardianship, read form JV-350- • Who can nominate a guardian of the estate, and how; INFO. For a comparison of • The court process for appointment of a guardian of the estate; guardianship with juvenile court • The powers, duties, and liabilities of a guardian of the estate; placement with a relative caregiver or foster (resource) family, read form• The court’s authority to oversee the guardian of the estate in the GC-207-INFO/JV-352-INFO. performance of the guardian’s duties; and • The procedures for removing and replacing a guardian or terminating a guardianship of the estate. Before asking a court to appoint a guardian, a parent, potential guardian, or other benefactor may find it useful to think about these questions: • Does the child really need a guardianship? • What alternatives are available? • Would any of the alternatives be better for the child? • Do the parents agree to the guardianship? • If the parents don’t agree, is there enough evidence to show that the child needs a guardian? • Do you need legal advice or assistance? CAUTION: This form is not a substitute for legal advice. Only a licensed attorney can give advice about how the law applies to a specific situation. Click this link, www.courts.ca.gov/selfhelp-findlawyer.htm, for help finding a lawyer. For more information, visit the California Courts Online Self-Help Center or talk to your court’s self-help center. 1 What is a guardian of the estate? measures can be used without the appointment of a A guardian of the estate is a person appointed by the guardian of the estate. These financial arrangements probate court to take control of a child’s money or can be complicated; consulting with an attorney other property, manage that property, and preserve it before choosing one over another is highly for the child until the child reaches the age of 18 and encouraged. can take control of the property for themselves. The Note: Some financial institutions, insurance court takes appointment of a guardian of the estate companies, and courts require the appointment of a very seriously, and the law requires the guardian to guardian of the estate before they will release funds to a person acting on behalf of a minor child. collect and make an inventory and appraisal of the property, keep accurate financial records, and file 3 Who can be appointed as guardian? regular financial accountings with the court. To become the court-appointed guardian of a Consulting an attorney for legal advice in managing child’s estate, you must: the estate is highly recommended. • Be an adult (18 years old or older); and 2 Are there alternatives to guardianship? • Show the court that your appointment would be in the best interest of the child, considering Yes. The law allows a parent or any other person both: from whom the child receives property to make financial arrangements for the child’s property. For o Your ability to manage and preserve the child’s estate (money and property); and example, money received by a child may be deposited in an account accessible only in specified o Your concern for and interest in the welfare of the child. circumstances or by court order until the child reaches 18 years of age. This and other protective

Judicial Council of California, www.courts.ca.gov GC-206-INFO, Page 1 of 5New January 1, 2023, Optional Form Information on Probate Guardianship Probate Code, §§ 1500–1611, 2100–2335, of the Estate2400–2670

GC-206-INFO Information on Probate Guardianship of the Estate

Can a parent or other person name a person Some courts have additional local forms that need 4 they want to be appointed as guardian? to be filed along with the statewide forms. Yes. A parent can nominate a guardian of the The petition needs to ask the court to appoint a estate if: guardian of the estate or a guardian of both the person • The other parent(s) nominate or consent in and the estate; give the proposed guardian’s name writing to the nomination of the same guardian and address and the child’s name and date of birth; for the same child; or and state that the appointment is necessary or • At the time the petition for appointment is filed, convenient. The petition must also give the names either the other parent(s) are dead or lack legal and addresses of the child’s parents and other persons capacity to consent, or the consent of the other who have specific relationships with the child. If the parent(s) would not be required for adoption of child is an Indian child, the petition must state that the child. fact and give the name and address of any Indian custodian and the child’s tribe. The petition must also In addition, any person from whom, or by tell the court whether there are any adoption, child designation of whom, a minor child receives custody, juvenile court, family law, or other property may nominate a guardian of that property. guardianship proceedings affecting the child in The nomination must be made in the petition for progress in California or any other state or country. appointment of the guardian, at the hearing on the The court charges a fee for filing a guardianship petition, or in a writing signed either before or after petition. If the child or the child’s estate cannot afford the petition is filed. to pay the fees, the petitioner may request that the A nomination is valid when made, except that a court waive the fee requirement. The court clerk can written nomination may specify that it is to take provide the required fee waiver forms. effect only if one or more events, such as the incapacity, detention, or death of the person 7 Notice of the hearing making the nomination, occur. Before the court can hold a hearing to decide the Unless a written nomination provides expressly petition, the person who filed the petition must give otherwise, a nomination remains effective even if notice of the hearing to specific persons unless the the person making the nomination dies or becomes court finds that the petitioner tried diligently and legally incapacitated. couldn’t give notice to a person or that notice would be against the interests of justice. The notice must Who can file a petition for appointment of a 5 include a copy of the petition and a copy of guardian of the estate? Comparison of Guardians With Other Nonparent A relative or other person, or the child if 12 years Caregivers (form GC-207-INFO/JV-352-INFO). of age or older, may file a petition for appointment Notice must be given to the child if 12 years old or of a guardian in probate court using Petition for older, the parents, anyone else with legal custody, Appointment of Guardian of Minor (form GC-210) and anyone nominated to be the guardian by in probate court. serving them personally or, if that’s not possible, by THE APPOINTMENT PROCESS first-class mail with an acknowledgment of receipt requested. For more information about service of 6 Filing the petition notice, see What Is “Proof of Service” in a Once a person has decided that a child needs a Guardianship? (form GC-510). Other persons may guardian, the first step in the process is to complete be given notice personally, by mail, or, if they Petition for Appointment of Guardian of Minor consent, electronically. If the child is an Indian (form GC-210) and all other required documents. child, notice must be mailed to any Indian custodian Then, file the forms with the clerk of the court in and the child’s tri

s to complete be given notice personally, by mail, or, if they Petition for Appointment of Guardian of Minor consent, electronically. If the child is an Indian (form GC-210) and all other required documents. child, notice must be mailed to any Indian custodian Then, file the forms with the clerk of the court in and the child’s tribe as required by the Indian Child the county where the child lives unless it would be Welfare Act. better for the child to file in a different county.

New January 1, 2023 Information on Probate Guardianship GC-206-INFO, Page 2 of 5 of the Estate

GC-206-INFO Information on Probate Guardianship of the Estate

8 Investigation 9 Hearing and standard for appointment Unless it finds a good reason not to, the court will An interested person may appear and object or order an investigation before the hearing on the respond to the petition in writing at or before the petition to appoint a guardian. The court investigator hearing. In addition, an interested person may appear will contact the proposed guardian, the child, and any and object or respond orally at the hearing. If no one other persons who might know about the child’s objects, the court may decide the matter on the family and their needs. The investigator will give a verified petition and declarations. If a person objects, report to the court and make a recommendation on then the court will consider evidence, determine any what decision the court should make. issues, and make appropriate orders. The court or county charges a fee for conducting the Based on its determination of the child’s best interest, guardianship investigation. The court can waive its fee the court may grant the petition, may grant another if it would cause a hardship to the child or the child’s person’s petition, or may find that the child doesn’t estate. The county can also waive its fee because of need a guardianship and deny all the petitions. The hardship. probate court may appoint a guardian for a child If someone objects to the appointment of a guardian when the appointment is necessary or convenient. or to the petitioner’s appointment as guardian at or The petitioner must prove to the court that a before the hearing, the court may decide it needs to guardianship is needed. hold a trial. Based on its determination of the child’s The court must appoint the person nominated as best interest, the court may grant the petition, may guardian of the estate unless the court determines grant another person’s petition, or may find that the that the nominee is not suitable. Subject to the child doesn’t need a guardianship and deny all the preference for a nominee, the court will consider petitions. the best interest of the child, taking into account If the probate court thinks the child has been, or is the proposed guardian’s ability to manage and at risk of being, abused or neglected by a parent, the preserve the estate property and their concern for court may refer the child to the county child welfare and interest in the welfare of the child. If the child agency for an investigation and commencement of is old enough to form an intelligent preference juvenile court proceedings. If the probate court about whom should be appointed, the court must makes a referral, the guardianship proceedings are also consider that preference. paused, but the probate court can make any order 10 Oath, letters, and bond necessary to protect the child, including an order For an appointment as guardian to be valid, the appointing a temporary guardian or issuing a court must sign the Order Appointing Guardian or temporary restraining order. Extending Guardianship of the Person (form GC- If, after three weeks, the agency has not notified the 240). The guardian then needs to complete Letters probate court that it has filed a petition to begin of Guardianship (form GC-250) and take both proceedings in juvenile court, the probate court or forms to the clerk’s office. After the guardian the child’s attorney, if the probate court has affirms that they will perform their duties appointed one, may file a request with the juvenile according to law and posts the court-ordered bond, court to review the agency’s decision not to begin the clerk will issue Letters of Guardianship as juvenile court proceedings and to order the agency proof of appointment as guardian of the child’s to file a petition to begin those proceedings. estate. The clerk will keep the original Letters in If the juvenile court begins proceedings, the the case file. The guardian should buy a certified guardianship proceedings must remain paused. If the copy from the clerk, make copies of it for use, and juvenile court does not begin proceedings, the keep the certified copy in a safe place. Showing the probate court can hold a hearing and decide whether Letters to banks and other financial institutions will to appoint a guardian. help the guardian perform duties, such as opening accounts or making investments, by verifying the legal authority to act on the child’s behalf. New January 1, 2023 Information on Probate Guardianship GC-206-INFO, Page 3 of 5 of the Estate

GC-206-INFO Information on Probate Guardianship of the Estate

MANAGING THE ESTATE—POWERS AND DUTIES Other restrictions 15 Other restrictions on your authority to deal with estate 11 Prudent investments assets exist. Without a prior court order, you may not As guardian of the estate, you must manage the pay fees to yourself or your attorney. You may not child’s money and property with the care of a prudent make a gift of estate assets to anyone. You may not person dealing with someone else’s property. This borrow money from the estate. You may not use means that you must be cautious and may not make estate funds to purchase real property without prior speculative or risky investments. court order. 12 Separation of estate money and property If you spend estate funds without court permission, As guardian of the estate, you must keep the money the court may compel you to reimburse the estate and property of the child’s estate separate from from your own funds and remove you as guardian. everyone else’s, including your own. When you open You should consult with an attorney concerning the a bank account for the estate, the account name must legal requirements relating to sales, leases, indicate that it is a guardianship account and not mortgages, and investment of estate property. your personal account. If the child whose estate you are managing has a You should use the child’s Social Security number living parent, or if that child receives assets or is when opening estate accounts. You should never entitled to support from another source, you must deposit estate funds in your personal account or obtain court approval before using guardianship otherwise mix them with your own funds or anyone assets for the child’s support, maintenance, or else’s funds, even for brief periods. education. You must file a petition or request Securities in the estate must be held in a name that approval in the original petition and set forth shows that they are estate property and not your exceptional circumstances that justify any use of personal property. guardianship assets for the child’s support. The court ordinarily will grant such a petition for only a limited 13 Interest-bearing accounts and other period of time, usually not more than one year, and investments only for specific and limited purposes. Except for checking accounts intended for ordinary expenses, you should place estate funds in interest- 16 Inventory and appraisal of estate property bearing accounts. You may deposit estate funds in You must locate, take possession of, and protect the insured accounts in federally insured financial child’s income and property that will be part of the institutions, but you should not put more than estate. You must change the ownership of all assets $250,000 in any single institution. You should consult into the guardianship estate’s name. For real estate, with an attorney before making other kinds of you should record a copy of your Letters of investments. Guardianship with the county recorder in each county where the child owns real property. 14 Blocked accounts Next, you must arrange to have a designated probate A blocked account is a type of account with a referee determine the value of the estate property financial institution in which money or securities are unless this requirement is waived by the court. You, placed. No person may withdraw funds from a not the referee, must determine the value of certain blocked account without the court’s permission. “cash items.” An attorney can advise you on this. Depending on the amount and character of the child’s After you have gathered all the child’s money and property, the guardian may choose or the court may property and determined how much it is worth, you require that estate money or other assets be placed in must complete and file an Inventory and Appraisal a blocked account. As guardian of the estate, you with the court within 90 days of appointment using must follow the directions of the court and the

ire that estate money or other assets be placed in must complete and file an Inventory and Appraisal a blocked account. As guardian of the estate, you with the court within 90 days of appointment using must follow the directions of the court and the forms GC-040 and GC-041. The court may order you procedures required to deposit funds in this type of to return 90 days after your appointment to ensure account. The use of a blocked account is a safeguard that you properly file the inventory and appraisal. and may save the estate the cost of a bond. New January 1, 2023 Information on Probate Guardianship GC-206-INFO, Page 4 of 5 of the Estate

GC-206-INFO Information on Probate Guardianship of the Estate

Insurance California Rules of Court, rule 7.575 explains the 17 You should make sure that the property of the estate accounting process and the forms. You should also and any risks to it are protected by appropriate and check local rules for any special local requirements. sufficient insurance. You should maintain the An attorney can advise you and help you prepare the insurance coverage throughout the entire period of the inventory, accountings, and petitions. If you have any guardianship or until the insured property is sold. questions, you should consult with an attorney. 18 Records and accounts FURTHER COURT PROCEEDINGS You must keep complete, accurate records of each financial transaction affecting the estate. The 19 Court oversight The guardian is subject to the regulation and checkbook for the guardianship checking account is control of the court in performing their duties. In an indispensable tool for keeping records of income addition to reviewing periodic accountings, the and expenditures. You should also keep receipts for court may order you to enter into specific all purchases. transactions or prohibit transactions for the benefit Record keeping is critical because you will have to of the child. The guardian, the child, or any prepare periodic accountings of all money and interested person can ask the court for such an property you have received, what you have spent, the order. After notice and a hearing, the court will date of each transaction, and its purpose. You will make orders in the best interest of the child. also have to describe in detail the money and property remaining after you have paid the estate’s expenses. 20 Removal and replacement of guardian After notice and a hearing on a petition filed by the Beginning one year after initial appointment as child, a relative or friend of the child, or any other guardian of the estate and then at least every two interested person, the probate court may remove a years after that, you must file an accounting for the guardian for specific reasons or when it is in the previous period with a petition asking the court to child’s best interest. The court may also suspend the review and approve the accounting. The court may powers of the guardian until it can hold a hearing on ask that you explain or justify some or all expenses the petition for removal. A guardian may also file a charged to the estate. You should have receipts, petition to resign, and the court must allow the account statements, and other related documents resignation if it appears proper. available for inspection in case the court requests them. If for any reason there is a vacancy, the court may appoint a successor guardian after notice and a If you do not file your accounting as required, the hearing as in the case of the original appointment. court will order you to do so. You may be removed as guardian if you don’t file an accounting. If you know 21 Termination of guardianship you are going to need extra time to prepare and file an A guardianship of the estate terminates when the accounting, be sure to ask the court for an extension child reaches age 18 or if the child dies before age ahead of the deadline. 18, subject to the duty to keep and preserve the You must comply with all state and local rules when estate until it is delivered to the child’s personal filing your accounting. The Probate Code requires representative and to settle the estate’s accounts. that all accounts be submitted on Judicial Council The court may also terminate the guardianship if it forms. There is a set of forms for standard accounts; decides that is in the child’s best interest. At the numbers of all these forms start with GC-400. termination, the guardian must distribute the estate There is also a set of forms for simplified accounts; property and file a final account and petition for the numbers of these forms start with GC-405. discharge with the

; decides that is in the child’s best interest. At the numbers of all these forms start with GC-400. termination, the guardian must distribute the estate There is also a set of forms for simplified accounts; property and file a final account and petition for the numbers of these forms start with GC-405. discharge with the court.

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