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California Guardianship

Posted by attorney Rebekah Main

Guardianship is a court proceeding in which a judge gives someone who is not the parent: custody of a child, or the power to manage the child's property (called "estate"), or both. Usually this procedure is conducted in the Probate Court. But, if Child Protective Services (CPS) is involved in your case, you probably have to go to the juvenile court to find out what you can do. If the child is 12 or older, s/he can ask the court to appoint a guardian. Otherwise, to become the legal guardian to a child, you first have to file papers in court. You will need: Petition for Appointment of Guardian of the Person, Form GC-210(P) if you are asking for guardianship of the person only, or Petition for Appointment of Guardian of Minor, Form GC-210 if you also asking for a guardianship of the child's estate; Attachment to Guardianship Petition-Child Information Attachment, Form GC-210(CA) Notice of Hearing-(Guardianship or Conservatorship), Form GC-020 Consent of Guardian, Nomination and Waiver of Notice, Form GC-211 Duties of Guardian and Acknowledgement of Receipt, Form GC-248 Letters of Guardianship, Form GC-250 Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act - UCCJEA, Form FL-105 Confidential Guardianship Screening Form, Form GC-212 Order Appointing Guardian of child, Form GC-240 Guardianship Pamphlet (this is for information only), Form GC-205 Forms You Need to Ask the Court to Appoint a Guardian of the Person, (for information only), Form GC-505 Other forms your local court may require. After you fill out your forms: Make at least 3 copies of each form, File your forms with the Probate Court Clerk at your courthouse. The Court Clerk will give you a court date. Give notice of the case to all the child's relatives. Then you are on your way to being appointed as Guardian for a child.

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