Fact Sheets: Probate Guardianships
A Probate Guardianship of the person is when the Probate Court appoints
an adult who is not the minor's parent to take care of the minor. This is a
legal action designed to give someone other than the minor's parents (with the
exception of when parent is terminally ill) the care, custody, and control of the
minor. If the child is a dependent (foster care) or a ward (probation) of the
juvenile court, guardianship must be decided in that particular juvenile court.
Guardianship is sometimes needed when the minor's parents are unwilling
or unable to care for the child, or where parental control is detrimental to the
child. If the child is undocumented and has suffered from abuse, neglect or
abandonment, an immigration option may be available. See Special Immigrant
Juvenile Status.
What does a Guardian of the Person do? The guardian generally has the same
responsibilities as a parent. That means the guardian is responsible for the
child's care, including the child's:
Food, clothing and shelter
Safety and protection
Physical and emotional growth
Medical and dental care
Education and any special needs.
See Duties of Guardian, Judicial Council form FORM GC248
Who can be legal guardians and what happens to the parents rights?
Relatives, friends of the family, or other people can ask to be legal guardians
Guardianship of the person does not permanently terminate parental rights.
It only suspends those rights while the guardianship is in place. If the child's
parents don't object to the guardianship, a judge may order a guardianship
if it is necessary or convenient. If one or both of the parents objects to the
guardianship, a judge may order a guardianship only if:
Staying with the parents or one of the parents will be detrimental to the
child, AND Creating the guardianship will be in the best interest of the child.
Unless someone petitions the court, the guardianship remains in place until
the child turns 18.
What if property or assets are involved?
Guardianship of the person does not give the guardian control over the minor's
property or other assets. If this control is needed, guardianship of the
estate should be sought.
Other Options:
If you are a minorís caregiver and are looking to only enroll a minor in school
or authorize medical treatment, another option may be a form called the
"caregiver's authorization affidavit." Someone who is related to the minor can
fill out this form. This lets the person who signs the form enroll the minor in
school and get medical treatment for the minor. A non-relative who fills out this
form can sign up a child for school and agree to school-related medical care.
323-841-3015
www.icwclaw.org
Immigration Center for Women and Children
PO Box 86502 Los Angeles, CA 90086
info@icwclaw.org
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