Legal Guardianship of a minor is a very complicated area of the law. Probate guardianship of the estate is the appropriate judicially supervised proceeding for the management of a minor’s estate and the minor will need money during the period of minority. Probate guardianship of the person is the appropriate judicially supervised proceeding for the person if is in four common areas. It is very important, before filing a petition for either guardianship of the person or guardianship of the estate to consult with an attorney as this is a very complicated area of the law. In San Diego, California, legal guardianship cases are heard in the Probate Court. The Probate Courts are located in San Diego and Vista. The common scenarios for legal guardianship of the person or of the estate are the following: orphans; preventing abuse or neglect of a child; if the child has resided in the home of the proposed guardian and has bonded with an adult who is a non parent and if there is a technical change of custody.

There are many alternatives to guardianship. First, there are proceedings which can be brought in the family law court such as joinder and other motions. Second, there are dependency proceedings in juvenile court which has supremacy over both probate and family law courts and is considered to have its orders followed even if inconsistent with a probate or family law court order. This can be very confusing since there can be a conflict or orders. In addition, there can be additional proceedings in juvenile court for delinquency of minors. There can also be adoption proceedings. In addition, if the minor is 14 years old or older and is willingly living separately from the parents with the consent of the parents and managing their own financial affairs from legal income and the Court does not find that emancipation is contrary to the minor’s best interests then the Court can grant the emancipation and then that child is an adult for legal purposes vis a vis parental rights.

If the legal guardianship is of the person, no bonding is required. If the legal guardianship is of the estate, then a bond is required. The bonding requirements are very technical and most attorneys use a bonding company for this purpose.

There can also be a petition for legal temporary guardianship. This is where the minor needs immediate medical treatment due to an injury or illness, needs to be enrolled in school, if both parents are dead, absent, incarcerated, or incapacitated or some other factor under the Probate Code. This can also occur then the minor needs immediate protection from child endangerment or the minor’s custodial parent is also a minor and in custody.

There are always many changes to this area of the law and some are contained in this article. As of July 1, 2007, a copy of the petition for appointment of a guardian must be included with the notice of hearing when establishing a guardianship. Effective July 1, 2007, the Court has authority to review all books and accounts and remove immediately a guardian which has made serious mistakes. Effective July 1, 2007, ever guardianship account is subject to random or discretionary review by the Court. Effective January 1, 2008, no ex parte communications restated. Effective, July 1, 2008, all professional fiduciaries must be licensed by the Department of Consumer Affairs under the State of California. CALWORKS has replaced AFDC. New mandatory accounting forms are being prepared by the Judicial Council of the State of California.

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