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IMPORTANT: If you are caring for a child who has been abandoned, physically or verbally abused,
assaulted, neglected or otherwise abused, call the Child Abuse Hotline at 858-560-2191 or 1-800-344-6000.
Frequently Asked Questions about Guardianships
For general information about where child custody and guardianship matters are heard, see: Child Custody and Guardianship Matters Juvenile, Family, and Probate Courts – General Information (SDSC Form #ADM-411)
Guardianship is a court proceeding in which a Judge gives someone who is not the parent:
A petition for guardianship of the person is filed when a minor child is living with an adult who is not the parent and the adult needs the legal right to make decisions on behalf of the child. When a guardian of the person is appointed, the guardian is awarded custody of the child and the natural parents no longer have the right to determine where the child will live or how he or she will be educated. Instead, the guardian has those rights, including the responsibility to determine medical treatment for the child.
A guardianship of the estate is set up to manage a child's income, money, or other property until the child turns 18. A child may need a guardian of the estate if he or she inherits money or assets. In most cases, the court appoints the surviving parent to be the guardian of the child's estate. A Guardianship of the Estate is not needed when the child receives social security benefits or TANF/CalWorks (welfare).
A temporary guardianship may be requested when a minor needs immediate help. A general guardianship must be set for hearing before or at the same time as the request for a temporary guardianship.
If the sole purpose of requesting Guardianship is to enroll the minor in school or to authorize medical treatment, a caregiver may complete a Caregiver's Authorization Affidavit. The affidavit authorizes the caregiver whether related or unrelated, to enroll the minor in school. If the caregiver is a relative, the affidavit may also be used to consent to medical/dental treatment. Acceptance of the affidavit is at the discretion of the school and or medical/dental provider.
Probate Code §1513 requires that, unless waived by the court, in each proposed appointment of Guardian, an investigation be made and a report submitted to the Court. These investigations will be done by Family Court Services (FCS), Health and Human Services (HHSA) or the Probate Court Investigator (CI) as follows:
| Guardianship of: | Proposed Guardian: | Agency: |
|---|---|---|
| 1. Person or Person/Estate | Relative | FCS |
| 2. Person or Person/Estate | Non-Relative | HHSA |
| 3. Estate Only | Relative or Non-Relative | CI |
The following forms are required to start the Guardianship proceedings:
The court offers a self-help packet for persons seeking Guardianship of the Person Only. The packet can be found here.
If filing for Guardianship of the Estate, you must also submit the following:
If the Court grants your Petition for Appointment of Guardian of Minor (JC Form #GC-210), you must complete and submit the following forms along with a copy of each form and a self-addressed and stamped envelope:
If the Court grants your Petition for Appointment of Temporary Guardian (JC Form #GC-110), you must complete and submit following forms along with a copy of each form and a self-addressed and stamped envelope:
There are courts costs – the court filing fee and the investigation fee. The current fee amounts can be found on the Court's Fee Schedule.
If you cannot afford to pay the fee, you can request a Fee Waiver from the Court. The Fee Waiver Packet – Guardianships and Conservatorships (SDSC Form #PKT-041) must be completed and filed with your Petition.
| Day 1 | Day 1-10 | Day 1-15 | 3 weeks prior to hearing | 2 weeks prior to hearing | 1-2 weeks prior to hearing | Day 60-90 |
|---|---|---|---|---|---|---|
| File Your Petition | Schedule Investigation |
Serve Parents/Relatives |
Submit Order & Letters | Check Examiner Notes | Clear Defects | Hearing Date |
Note: These are approximate days. Check your hearing date for accuracy. Also, this timeline does not include duties imposed on a Guardian of the Estate after appointment. See Duties of Guardian (JC Form #GC-248) for more information.
Contact an attorney of your choice. If you need help locating an attorney in San Diego County, you may contact the Lawyer Referral & Information Service of the San Diego County Bar Association at 1-800-464-1529 or 619-231-8585. Their website can also be found here.