California Petition for Notice to Minor to Nominate or Select Guardian

State:
Multi-State
Control #:
US-03326BG
Format:
Word; 
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Description

In most jurisdictions, a minor, on reaching a certain age, which was 14 years at common law, may choose his or her own guardian, conditioned on the guardian's posting of a bond and subject to confirmation by the court. The authorities are not in agreement as to whether a minor's right to select a guardian may be exercised for the purpose of superseding a guardian previously appointed. Where a minor is not of sufficient age to have an unqualified right to select a guardian, it is usual for the court to ascertain the preference of the minor if the minor is of an age to exercise an intelligent choice.

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FAQ

In California, parents can sign a Guardianship Authorization Affidavit. This form gives a relative permission to make decisions about the child's education and medical care, or a non-relative permission to make decisions about education and school-related medical care.

A loss of autonomy for the ward: This is the most significant drawback to establishing legal guardianship over an adult. Because the guardian is responsible for making decisions on behalf of the ward, the ward may not have any say or may feel they have lost control of their own lives.

You can write a letter naming a guardian and place it with your important papers or write the name of the proposed guardian in your will. But if both parents are dead, the Court must appoint the guardian. The Court will try to appoint the person you nominate.

Notice must be given no less than 15 days before your court date. * If you show up on the day of your hearing and you have not given proper notice of the court hearing your request to be appointed guardian may be denied.

In California, parents can sign a Guardianship Authorization Affidavit. This form gives a relative permission to make decisions about the child's education and medical care, or a non-relative permission to make decisions about education and school-related medical care.

To become the legal guardian to a child, you have to file papers in court. You can get the forms you need from any Self-Help Center or the Court's forms page online. Or, go to the Judicial Council forms page . You can also attend a guardianship clinic.

Letters are the name of the form used to prove to financial institutions and others that a guardian has been appointed by the court and can take actions on behalf of the ward or conservatee.

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California Petition for Notice to Minor to Nominate or Select Guardian