This guide provides an overview of various types of guardianships and the surrounding issues. Topics covered include how to become a guardian, powers and duties of a guardian, compensation and liability of a guardian, and much more.
California USLegal Guide to Guardianship
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US-GDE-08
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FAQ
The child's parents can no longer make decisions for the child while there is a guardianship. The parents' rights are suspended?not terminated?as long as a guardian is appointed for a minor. If you wish, you may ask the parents for their opinions about matters relating to the child.
Permanent guardianship intends to create a relationship between a child and a caretaker, which is permanent and self-sustaining. It is meant to form a permanent family for the child without having to terminate the parental rights of the child's parents.
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.
Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.
Yes. 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.
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.
A guardianship ends automatically when a child turns 18. It will also end if the child is adopted, marries, enters the military, or is declared an adult (emancipated) by court order. It will also end if the child dies.
Foster care payments: Some guardians can receive foster care payments. These payments can be higher than welfare payments. Kin-GAP (Kinship Guardianship Assistance Payment Program): You can receive Kin-GAP if you are related to a child in a dependency case. These payments are the same as as foster care payments.