![]() Guardianship Questionnaire – Estate ( SDSC Form #PR-064).If filing for Guardianship of the Estate, you must also submit the following: The court offers a self-help packet for persons seeking Guardianship of the Person Only. Petition for Appointment of Temporary Guardian ( JC Form #GC-110) – see " What is Temporary Guardianship" above.Order Directing or Waiving Investigation ( JCC Form #PR-063).Confidential Guardian Screening Form ( JC Form #GC-212).Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) ( JC Form #FL-105/#GC-120(CA)).Guardianship Petition - Child Information Attachment ( JC Form #GC-210(CA)).Petition for Appointment of Guardian of Minor ( JC Form #GC-210).The following forms are required to start the Guardianship proceedings: 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: 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. What type of investigation is involved with becoming a Guardian? Acceptance of the affidavit is at the discretion of the school and or medical/dental provider. If the caregiver is a relative, the affidavit may also be used to consent to medical/dental treatment. The affidavit authorizes the caregiver whether related or unrelated, to enroll the minor in school. 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. What are the alternatives to a Guardianship? A general guardianship must be set for hearing before or at the same time as the request for a temporary guardianship. A Guardianship of the Estate is not needed when the child receives social security benefits or TANF/CalWorks (welfare).Ī temporary guardianship may be requested when a minor needs immediate help. In most cases, the court appoints the surviving parent to be the guardian of the child's estate. A child may need a guardian of the estate if he or she inherits money or assets. Instead, the guardian has those rights, including the responsibility to determine medical treatment for the child.Ī guardianship of the estate is set up to manage a child's income, money, or other property until the child turns 18. 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. This type of Guardianship is called "Guardianship of the Estate".Ī 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. Power to manage the child's income, money, or other property until the child turns 18.This type of Guardianship is called "Guardianship of the Person". Custody of a child under the age of 18.Guardianship is a court proceeding in which a Judge gives someone who is not the parent: General Legal Information & Assistance Programsįrequently Asked Questions about Guardianshipsįor 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).What do I have to do after I fill out the forms?.What type of investigation is involved with becoming a Guardian?.What are the alternatives to a Guardianship?.
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