Guardianship

Guardianships are heard in the superior court. A guardianship is where the court appoints an adult person, entity or institution to care for the person and/or the estate of a minor.

A guardianship is used only for a minor. A minor who is legally married or divorced, cannot have a guardian appointed. A minor for whom a guardian has been appointed is called a "ward". The guardian is the person appointed by the court to care for the ward. 

A guardianship may be created for the care of a minor, or the estate of a minor, or for both.   A guardian must preserve the minor’s estate for the minor’s benefit and anyone the minor is obligated to support. The guardian has a direct responsibility to the best interests of the minor just as a parent would for his or her own child.

A guardian is subject to the regulations and control of the court in performing his or her duties. A guardian is required to understand and acknowledge his or her duties and liabilities.  

Before a guardian can be appointed, the court will conduct an investigation to determine whether appointment of the guardian will be in the best interests of the child. The investigator may interview the child, the proposed guardian, and review the background and history of the proposed guardian. A confidential report will be prepared for the court to consider in evaluating whether to appoint the proposed guardian to care for the minor.

Completing Forms

The Civil Self-help Center can provide you with the form and assist you in completing the forms.   

Guardianship Hearings

When the petition is filed, a hearing date will be set out in approximately 6-8 weeks.   If the need for appointment of a guardian is urgent, and the hearing cannot wait for a noticed hearing, a temporary or ex parte petition may be filed, but the petitioner will have to demonstrate to the court that a true emergency exists.

Serving Notice

The natural parents of the minor need to be notified of the hearing dates on the petition for appointment of a temporary guardian, and all relatives in the second degree need to be notified of the hearing on the appointment of a general guardian. These relatives include grandparents, aunts and uncles and adult siblings of the minor. Notice must be given by someone other than the petitioner or proposed guardian. It must be a disinterested person, over the age of 18.  If the initial hearing is on an ex parte, or emergency basis, notice can be given to the natural parents by telephone, and a declaration regarding ex parte notice must be completed and filed with the court.

Removal or Resignation of Guardian

If a guardian wishes to resign or someone wants to remove them, but the guardianship is to continue with another guardian in place, the new proposed guardian will need to petition the court to be approved and appointed as the new guardian.  A petition to resign or remove the guardians may be heard at the same time as the hearing on appointment of the new guardian.

Termination of Guardian

A guardianship may be terminated if the court finds it is in the best interests of the minor. The natural parent or parents may petition for termination of the guardianship, and the court will make a decision based on the investigation report prepared by the court’s investigator. 

Information and Resources 

For more information on Guardianship, visit the California Courts Self-Help Center.

Contact the Civil Self-Help Center