Guardianship of a Child or Adult in California

A probate guardianship lets an adult who is not the child's parent take legal responsibility for the child's care (guardianship of the person) and, if needed, manage the child's property (guardianship of the estate) when a parent cannot care for the child; if Child Protective Services removed the child, the guardianship is handled in juvenile court instead. The adult files a petition in probate court, gives notice to the parents and close relatives, and the court appoints an investigator who meets with the proposed guardian, checks their background and reports to the judge before the hearing. Parents can later ask to end the guardianship. The self-help guide lists the filing fee as $225 for guardianship of the person and $450 for guardianship of the estate.

California uses conservatorship for adults. A judge may appoint a conservator only if less restrictive options will not work and it is necessary to promote and protect the person's well-being; the arrangement must encourage maximum self-reliance and independence. A general conservator has all powers except those found unnecessary. A limited conservatorship, for adults with developmental disabilities, is restricted to up to seven specific powers (such as setting residence, medical consent, contracts and education) that the judge finds necessary. A conservator may handle the person's care, finances, or both. Mental health (LPS) conservatorships follow a separate process.