The Guardianship Book for California

1. Introduction: An Overview of Guardianships

• How This Book Can Help You
• What This Book Does Not Cover
• What Is a Guardianship?
• Two Types of Guardianships
• Is a Guardianship Really Necessary?
• Should You Be the Guardian?
• Do You Need an Attorney or Other Legal Professional to Help You Petition for Guardianship?
• Using This Book

2. Alternatives to a Court-Ordered Guardianship

• How to Use This Chapter
• Alternatives to Guardianship of a Minor’s Person
• Dealing With Agencies and ¬Institutions
• Medical and Dental Care

3. Getting Started

• Documents and Information You Need
• The Courts
• How to Use the Forms
• General Rules on Completing Forms
• How to File Papers With the Court
• Filing Fees and Court Costs

4. Notifying Minor’s Relatives and Obtaining Their Consent

• Overview of How to Notify Relatives
• Guardianship Notification Worksheet
• Try to Find Minor’s Unknown or Missing Relatives
• After You’ve Searched for ¬Missing Relatives
• Consent of Proposed Guardian, Nomination of Guardian, and Consent to Appointment of Guardian and Waiver of Notice Form
• Discussing the Guardianship With the Minor’s Relatives
• Obtain Signatures From Relatives on the Nomination and Waiver of Notice Forms
• Continue Filling In the Worksheet

5. Preparing Forms to File for a Guardianship

• Petition for Appointment of ¬Guardian of Minor(s) and Child Information Attachment
• Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Guardianship of a Minor’s Person Only)
• Notice of Hearing
• (Proposed) Order Dispensing With Notice
• (Proposed) Order Appointing Guardian of Minor
• (Proposed) Letters of Guardianship
• Confidential Guardian Screening Form
• Duties of Guardian and Acknowledgment of Receipt
• Prepare Supplemental Documents If Required
• When You Need a Guardianship Right Away

6. Filing and Serving the Guardianship Papers

• Check Your Work
• File Guardianship Documents and Get a Hearing Date
• Local Court Forms May Be Required After You File Your Papers
• Serving Papers
• Determine Who Must Be Served
• Personal Service and Notice and Acknowledgment of Receipt
• Having Documents Served by Mail
• Copy and File Proofs of Service and Possibly Notice of Hearing
• Complete the Guardianship Notification Worksheet

7. Temporary Guardianships of a Minor’s Person

• When to Seek a Temporary Guardianship
• Overview of the Temporary Guardianship Process
• Call the Court
• Complete the Regular Guardianship Documents
• Complete Temporary Guardianship Documents
• Filing Documents, Serving Papers, and Obtaining Letters of Temporary Guardianship
• How to Extend the Temporary Guardianship

8. The Guardianship Investigation

• Each Court Has Its Own Policies for Investigations
• Investigation Procedure
• Tips on Dealing With the Investigator
• The Investigator’s Report
• Fees for the Investigation
• If the Investigator Recommends Against Granting Guardianship
• If the Investigator Recommends Granting Temporary Guardianship

9. The Hearing: Preparing, Attending, and What to Do Afterward

• Getting Ready for the Hearing
• Make Sure Your Hearing Is on the Court Calendar
• The Day of the Hearing
• Attend the Hearing
• Getting the Letters of Guardianship Issued by the Clerk

10. Guardianship of a Minor’s Estate

• How to Use This Chapter
• Completing Estate Items in the Petition
• After the Guardianship Hearing
• Consult Other Resources to Meet Court Reporting Requirements
• Using Funds From the Estate for Support of the Minor
• Ongoing Responsibilities for the Guardian of a Minor’s Estate

11. Now That You’re a Guardian: Rights and Responsibilities

• What to Do With Letters of Guardianship
• Responsibilities of Guardians of a Minor’s Estate
• Responsibilities of Guardians of a Minor’s Person
• Responsibilities to the Court
• Transferring the Guardianship to Another California Court
• Reimbursements and Compensation of the Guardian
• If the Guardianship Is Contested After You Are Appointed

12. Ending the Guardianship

• Termination of the Guardianship
• Resignation of the Guardian
• Contested Situations: Removal or Suspension of the Guardian

13. Lawyers and Legal Research

• Finding Free or Low-Cost Legal Help
• What a Legal Document Preparer Can Do
• Finding and Hiring a Lawyer
• Doing Your Own Legal Research

Appendix A: Glossary of Guardianship Terms

Appendix B: Forms for Informal Guardianship Situations

• Caregiver’s Authorization Affidavit
• Guardianship Authorization Form

Appendix C: Forms for Obtaining a Court-Ordered Guardianship

• Declaration
• Additional Page: Attach to Judicial Council Form or Other Court Paper
• Request for Dismissal
• Request to Waive Court Fees
• Order for Court Fee Waiver
• Guardianship Notification Worksheet
• Attachment 10 to Petition for Appointment of Guardian of Minor
• Consent of Proposed Guardian, Nomination of Guardian, and Consent to Appointment of Guardian and Waiver of Notice
• Petition for Appointment of Guardian of Minor
• Guardianship Petition—Child Information Attachment
• Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
• Notice of Hearing—Guardianship or Conservatorship
• Order Dispensing With Notice—Guardianship or Conservatorship
• Order Appointing Guardian of Minor
• Letters of Guardianship
• Confidential Guardian Screening Form
• Duties of Guardian and Acknowledgment of Receipt
• Request for Hearing About Court Fee Waiver
• Order on Court Fee Waiver After Hearing
• Notice and Acknowledgment of Receipt—Civil
• Proof of Service of Summons
• Proof of Service by First-Class Mail—Civil
• Attachment to Proof of Service by First-Class Mail—Civil (Persons Served)
• Petition for Appointment of Temporary Guardian
• Order Appointing Temporary Guardian or Conservator
• Letters of Temporary Guardianship or Conservatorship
• Ex Parte Motion, Declaration, and Order Extending Temporary Guardianship
• Proof of Service by Mail of Order Appointing Guardian or Conservator
• Deposit Agreement
• Pre-Move Notice of Proposed Change of Personal Residence of Conservatee or Ward
• Attachment to Pre-Move Notice of Proposed Change of Personal Residence of Conservatee or Ward
• Post-Move Notice of Change of Residence of Conservatee or Ward
• Attachment to Post-Move Notice of Change of Residence of Conservatee or Ward
• Petition for Transfer of Guardianship Proceeding
• Order for Transfer of Guardianship Proceeding
• Petition for Termination of Guardianship
• Order Terminating Guardianship

Index