Guardianship of Minors FAQ

Guardianship of a minor in California is a legal relationship created by court order where an adult (the guardian) is given the legal authority and responsibility to care for a minor child (the ward) who is under 18 years old. Guardianship may be established when parents are unable or unwilling to care for their child due to death, incapacity, incarceration, military deployment, substance abuse, or other circumstances.

There are two types of guardianship: guardianship of the person, which gives the guardian responsibility for the child's physical care, education, health, and welfare, and guardianship of the estate, which gives the guardian authority to manage the child's property and financial affairs. A guardian of the person has the same rights and responsibilities as a parent regarding custody and care of the minor. However, unlike adoption, guardianship does not terminate parental rights, and parents may retain certain rights such as visitation.

Any competent adult may petition to become a guardian of a minor. The petitioner must be at least 18 years old and capable of caring for the child. Common guardians include grandparents, aunts, uncles, adult siblings, family friends, or other relatives who have a relationship with the child. California law prioritizes placement with relatives when appropriate, particularly in dependency cases.

The court must consider several factors when appointing a guardian, including the person's ability to provide proper care, the nature of any relationship between the proposed guardian and the child, the wishes of the child if age 12 or older, and the best interests of the child. Certain individuals may be disqualified, including those who are minors themselves, have been convicted of certain crimes, have had parental rights terminated in the past, or are otherwise unsuitable due to substance abuse or domestic violence.

Establishing guardianship requires filing a petition with the Superior Court in the county where the child resides. The process begins by completing and filing Judicial Council forms including the Petition for Appointment of Guardian of Minor (form GC-210), Notice of Hearing (form GC-020), and Confidential Guardian Screening Form (form GC-212). After filing, notice of the guardianship hearing must be given to specific people including the child's parents, anyone who has legal custody, and relatives of the child.

The court will conduct an investigation through court investigators who will interview the proposed guardian, visit the home, conduct background checks, and speak with the child if appropriate. A hearing is scheduled typically 30-60 days after filing. At the hearing, the judge considers evidence about the child's best interests, the qualifications of the proposed guardian, any objections from parents, and the child's preference if age 12 or older. If approved, Letters of Guardianship will be issued giving the guardian legal authority. The entire process typically takes 2-4 months from filing to appointment.

A guardian has significant legal responsibilities for the minor's care and welfare. A guardian of the person must provide for the child's care, custody, control, and education in the same manner as a parent. This includes providing food, clothing, shelter, medical and dental care, and ensuring school attendance. The guardian must make decisions about education, medical care including routine and emergency treatment, and maintain the child's physical and emotional well-being.

The guardian must file periodic status reports with the court, typically annually, detailing the child's condition and living arrangements. If there is a guardianship of the estate, the guardian must manage the child's property prudently, keep detailed records of all financial transactions, file annual accountings with the court, and obtain court approval for major financial decisions. The guardian must always act in the child's best interest and avoid conflicts of interest. Guardians who mismanage estate funds or neglect their duties can be removed and may face civil or criminal liability.

The primary difference is permanency: adoption permanently and irrevocably transfers all parental rights and responsibilities to the adoptive parents, terminating the biological parents' legal relationship with the child. In contrast, guardianship is generally temporary and does not terminate parental rights. Parents retain certain rights during guardianship, such as the right to seek visitation and potentially to petition for termination of the guardianship.

Adoption requires the consent of both biological parents or termination of their parental rights by a court, while guardianship can be established over parental objection if it serves the child's best interest. After adoption, the child becomes the legal child of the adoptive parents with full inheritance rights and receives a new birth certificate. In guardianship, the child retains their original identity and maintains inheritance rights from biological parents. Guardianship ends automatically when the child turns 18, while adoption creates a lifelong parent-child relationship. For these reasons, guardianship is often preferred when the goal is temporary care with hope of reunification.

Yes, parents retain certain rights after a guardianship is established because guardianship does not terminate parental rights. Parents retain the right to seek reasonable visitation with their child unless the court specifically denies or restricts it based on the child's best interest. Parents also retain the right to consent to the child's adoption, and their consent is generally required if someone seeks to adopt the child during the guardianship.

Parents have the right to be notified of guardianship proceedings and to appear at hearings to present evidence and arguments. Parents can object to the establishment of guardianship, though the court may override their objection if guardianship is in the child's best interest. Parents have the right to petition for termination of the guardianship if circumstances change and they become able to resume care of the child. However, parents lose the right to physical custody and day-to-day control over the child's life, and the guardian makes decisions about education, routine medical care, residence, and daily activities.

Guardianship can be terminated in several ways. The guardianship automatically ends when the minor turns 18 years old or is legally emancipated by court order. The guardianship also terminates if the minor is adopted, as adoption supersedes the guardianship. Any interested party including the guardian, parents, the minor (if age 12 or older), or a relative can petition the court to terminate the guardianship.

Common grounds for termination include that the circumstances requiring guardianship no longer exist, such as when parents have resolved the issues that led to guardianship and can now provide proper care. The court will hold a hearing where evidence is presented about whether termination is in the child's best interest. The court considers the current stability of the home, the ability of parents to provide adequate care, the child's wishes if age 12 or older, and the child's relationship with the guardian and parents. The guardian may also be removed for cause if they fail to perform their duties, mismanage the estate, or are otherwise unsuitable.

The critical difference is the legal authority granted by a court. Informal care arrangements occur when parents allow their child to live with relatives or friends without any court involvement. These arrangements are based on parental consent and can be changed at any time by the parents. The caregiver has no legal authority to make decisions for the child without parental permission. Informal caregivers cannot enroll the child in school without special authorization, cannot consent to medical treatment except in emergencies, cannot apply for public benefits, and have no legal protection if parents suddenly demand the child's return.

In contrast, legal guardianship is established by court order and gives the guardian full legal authority to make decisions for the child in place of the parents. The guardian can enroll the child in school, consent to all medical treatment, apply for benefits, and make all major life decisions. Parents cannot unilaterally end the guardianship; they must petition the court. However, informal arrangements are faster to establish, less expensive, and more flexible for temporary situations. For longer-term care, or when legal authority is needed for medical care, school enrollment, or protection from parental interference, legal guardianship is necessary.

Yes, guardians may be eligible for several types of financial assistance. The primary program is Kin-GAP (Kinship Guardianship Assistance Payment Program), which provides monthly financial assistance to guardians of children who were previously in the foster care system and who are related to the child or have an established relationship. To qualify, the child must have been removed from parental custody and placed in foster care, lived with the guardian for at least six months, and the guardian must have been licensed as a foster parent or approved through a home study. Kin-GAP payments are typically comparable to foster care rates and continue until the child turns 18 or 21 if still in school.

For children who were not in the foster care system, guardians may apply for CalWORKs child-only grants, which provide monthly cash assistance for the child's needs. The guardian's income is not counted in determining eligibility. Guardians can also apply for CalFresh (food stamps), Medi-Cal for health coverage, and Social Security survivor benefits if the child's parent is deceased or disabled. Some counties offer additional local assistance programs. Guardians should apply through their county social services department. Financial assistance must be used for the child's care, education, and needs.

If a guardian dies or becomes incapacitated, the guardianship automatically terminates, creating an urgent need for new arrangements for the child. The death of a guardian ends the guardianship, and someone must immediately petition the court for appointment of a successor guardian if the child cannot return to parental custody. Until a new guardian is appointed, the child may be placed with relatives, in emergency foster care, or returned to parents depending on circumstances.

If the guardian becomes incapacitated but does not die, the guardianship may continue temporarily while the court determines whether to appoint a successor. To prepare for this possibility, guardians should consider nominating a successor guardian in their will or estate planning documents. While such nominations are not binding on the court, judges give them significant weight. For guardianship of the estate, if the guardian dies, a successor must be appointed to manage the child's property. The court will appoint a temporary guardian if necessary to provide immediate care while the petition for permanent guardianship is pending, prioritizing the child's stability and best interests.