Guardianship

Definition of a minor’s non-parental guardian under California law

A child’s “guardian,” under California law is a person who stands in place of the child’s parent. This means that a guardian has many of the same rights and responsibilities as a natural parent. Generally speaking, a guardian is responsible for the care of the child and is not allowed to delegate those responsibilities out to others on a long-term basis.

In San Diego, guardianships are created in the Family Court or the Probate Court, depending on the nature of the situation. Each type of guardianship has specific requirements that the person seeking to become guardian must prove. Generally, the person seeking guardianship must prove that such an arrangement serves the needs and best interest of the child. Depending on the type of legal control the person seeking guardianship needs, there are different types of arrangements, including financial and physical guardianship.

After a court establishes a guardianship, there are certain ongoing requirements depending on the specific court order. In many cases, the guardian is required to submit regular reports informing the court on the status of the child and/or assets held in the child’s name.

Finally, the court has the power to terminate a guardianship. This can occur at the child’s age of majority (normally age 18) or at any other time where termination becomes necessary under California law.

Obtaining, maintaining and terminating a guardianship is an intensive process. Generally, it is best to consult with a lawyer to at least determine your rights and a recommendation for which type of guardianship to obtain and how to proceed. In most cases, you will need the services of a lawyer to help you navigate the complicated procedural aspects of obtaining a guardianship.