California Standby Guardianship Guide

State:
Multi-State
Control #:
US-ADOP6
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PDF
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Description

This fact sheet defines the provisions of most standby guardian laws. Additionally, it broadly defines: how to establish a standby guardian, who can nominate a standby guardian, how the guardian s authority is activated, the involvement of the non-custodial parent, the relationship between authority of the parent and the standby, and withdrawing guardianship.

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FAQ

Take your forms to the court clerk Guardianship cases are usually decided in the probate division of the court, so you will file them with the probate clerk. In some courts, guardianship may be decided in the family division. So, check with the clerk when you file to be sure where you should file your papers.

How to become a guardian Start a guardianship case. Fill out and file papers to ask to be a guardian. ... Notify family members. Let the child's parents and other close relatives know about your request by having a copy of court papers given to them. ... Investigation. ... Prepare for and go to your court date.

The probate court may appoint a guardian of the person for a child when no parent is available to meet the needs of the child because of the parents' death, incapacity, abandonment, military obligations, or other reasons.

Kinship Guardianship Assistance Payment (Kin-GAP) ? Kin-GAP is a cash aid program that supports eligible relative caregivers in California who are unable or unwilling to adopt but instead become legal guardians as the permanency option for exiting the child welfare system.

Pay a fee It costs $225 to start a guardianship of the person case. A guardianship of the estate costs $450 to start. Check with the court for the exact amount. If the child who may need a guardian can't afford the fee, you can apply for a fee waiver.

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.

From the time the petition for guardianship is filed, it may take up to two months for the guardianship to be granted. The amount of time depends on the proper notice to relatives and a completed investigation as to the appropriateness of the guardianship.

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California Standby Guardianship Guide