Guardianships

Probate Code Division 4, Part 2 deals with guardianships. Chapter 1 deals with the establishment of a guardianship. Article 1 deals with the nomination of a guardian.

Section 1550 allows a parent to nominate a guardian of the person or estate, or both, of a minor child in either of the two specified cases.

Section 1500.1 provides that consent to nomination of a guardian of the person or of a guardian of the person and the estate given by an Indian child’s parent is not valid unless both of the specified conditions occur.

Section 1501 states that a parent or any other person may nominate a guardian for property that a minor receives from or by designation of the nominator including property received by the minor by virtue of a gift, deed, trust, will, succession, insurance, or benefits of any kind.

Section 1502 provides that a nomination of a guardian under this article may be made in the petition for the appointment of the guardian or at the hearing on the petition or in a writing signed either before or after the petition for the appointment of the guardian is filed. The court is required to give due weight to the nomination of a guardian of the person.

Article 2 deals with the appointment of guardians generally.

Section 1610 provides that a relative or other person on behalf of the minor, or the minor if 12 years of age or older, may file a petition for the appointment of a guardian of the minor. A relative may file a petition for the appointment of a guardian under this section regardless of the relative’s immigration status.

Section 1510.1 provides that, with the consent of the proposed ward, the court may appoint a guardian of the person for an unmarried individual who is 18 years of age or older, but who has not yet attained 21 years of age, in connection with a petition to make the necessary findings regarding special immigrant juvenile status.

Section 1511 specifies that, at least 15 days before the hearing on the petition for the appointment of a guardian, notice of the time and place of the hearing is to be given.

Section 1512 provides that, within 10 days after the petitioner in the guardianship proceeding becomes aware of any proceeding not disclosed in the guardianship petition affecting the custody of the proposed ward, the petitioner must amend the guardianship petition to disclose the other proceeding.

Section 1513 states that, unless waived by the court for good cause, a court investigator, probation officer, or domestic relations investigator is required to make an investigation and file with the court a report and recommendation concerning each proposed guardianship of the person or guardianship of the estate.

Section 1513.1 requires each court or county to assess the parent, parents, or other person charged with the support and maintenance of the ward or proposed ward, and the guardian, proposed guardian, or the estate of the ward or proposed ward, for court or county expenses incurred for any investigation or review conducted by the court investigator, probation officer, or domestic relations investigator.

The court may order reimbursement to the court or to the county in the amount of the assessment, unless the court finds that all or any part of the assessment would impose a hardship on the ward or the ward’s estate. A county may waive any or all of an assessment against the guardianship on the basis of hardship.

Section 1513.2 requires the court to implement procedures to ensure that every guardian annually completes and returns to the court a status report, including the statement described in law. A guardian who willfully submits any material information required by the form which he or she knows to be false is guilty of a misdemeanor.

Section 1514 specifies that, upon hearing of the petition, if it appears necessary or convenient, the court may appoint a guardian of the person or estate of the proposed ward or both. A minor’s parent may not be appointed as a guardian of the person of the minor.

Section 1514.5 requires a family law court to provide to the court all available information the court deems necessary to make a determination regarding the best interest of a child who is the subject of the proceeding.

Section 1515 states that no guardian of the person may be appointed for a minor who is married or whose marriage has been dissolved. This section does not apply in the case of a minor whose marriage has been adjudged a nullity.

Section 1516 provides that, in each case involving a petition for guardianship of the person, the petitioner is required to deliver a notice of the hearing and a copy of the petition, at least 15 days before the hearing, to the local agency designated by the board of supervisors to investigate guardianships for the court.

Section 1516.5 provides that a proceeding to have a child declared free from the custody and control of one or both parents may be brought in accordance with the procedures specified in law within an existing guardianship proceeding, in an adoption action, or in a separate action filed for that purpose, if all of the specified requirements are satisfied.

Section 1517 explains that this part does not apply to guardianships resulting from the selection and implementation of a permanent plan. This chapter is not to be construed to prevent a court that assumes jurisdiction of a minor child, or a probate court, as appropriate, from issuing orders or making appointments, on motion of the child’s counsel, necessary to ensure the appropriate administration of funds for the benefit of the child.

Article 3 deals with nonrelative guardianships. Section 1540 provides that this  article does not apply in any of six specified cases:

Section 1541 requires, in addition to the other required contents of the petition for appointment of a guardian, the petition must include both of the specified items.

Section 1542 requires, in each case involving a petition for guardianship of the person, the petitioner must deliver a notice of the hearing and a copy of the petition, at least 15 days before the hearing, to the Director of Social Services at the director’s office in Sacramento and to the local agency designated by the board of supervisors to investigate guardianships for the court.

Section 1543 specifies that, if the petition as filed or as amended states that an adoption petition has been filed, a report with respect to the suitability of the proposed guardian for guardianship must be filed with the court by the agency investigating the adoption.

In other cases, the local agency designated by the board of supervisors to provide public social services must file a report with the court with respect to the proposed guardian of the same character required to be made with regard to an applicant for foster family home licensure.