Oct. 30, 2014
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Probate Guardianships



The guardianship will generally remain in effect until the court terminates the guardianship by court order, or will terminate by law when the minor reaches the age of eighteen. At any time, anyone may file a petition to terminate the guardianship. The court will order an investigation at that time. For termination to occur the court must determine it to be in the best interest of the minor. Even if the guardian and the parents agree to terminate the guardianship, the court must make an order for termination.

What is a guardianship?

A guardianship is a court ordered transfer of legal responsibility to a specific adult for the physical care and protection of a minor and/or the estate of a minor.  

When is a guardianship necessary?

A guardianship may be necessary when a minor's parents are not able or willing to provide care. A legal guardianship gives custody of the minor to a person other than a parent. The guardianship allows the guardian to provide health insurance coverage, enroll a minor in school, receive assets or benefits on behalf of the minor and provide other necessary care and protection.

How is a guardianship established?

If an adult wishes to be the legal guardian of a minor, or if a minor over the age of twelve wants to request a guardianship, a petition must be filed in the Civil Division of the Sutter County Superior Court, Courthouse East (463 2nd Street, first floor, Room 110 Yuba City, CA 95991).

The clerk's office will set a court hearing. Family Court Services or Child Protective Services will conduct an investigation to determine the suitability of the petitioner to have the guardianship of the minor. The report of this investigation will be sent to the court for the judge's consideration. At the hearing, the court will make a determination as to whether or not the guardianship is necessary and if the petitioner is suitable. Family Court Services will only conduct the investigation if the petitioner is related to the minor. If the petitioner is not related to the minor, Child Protective Services will conduct the investigation.

Fee Information

 

What if someone contests the guardianship?

If a parent contests the guardianship, the court may order a full investigation of all parties. The court may also order Sutter County Child Protective Services to conduct an investigation into the appropriateness of a parent having custody of the child. Reports of these investigations are provided to the court for the judge's consideration.

If you wish to object to a guardianship being granted, before the hearing you may use our local form to tell the court that you object.  

The Self Help Center has an instruction packet to assist you with completing the forms necessary to tell the court that you object to the guardianship. Objection to Guardianship Instructions

Once completed the form will need to be served.  The FL-335 Proof of Service by Mail form can be used for that service.

How long is the guardianship in effect?

The guardianship will generally remain in effect until the court terminates the guardianship by court order, or will terminate by law when the minor reaches the age of eighteen. At any time, anyone may file a petition to terminate the guardianship. The court will order an investigation at that time. For termination to occur the court must determine it to be in the best interest of the minor. Even if the guardian and the parents agree to terminate the guardianship, the court must make an order for termination.

The Self Help Center has an instruction packet to assist you with completing the forms necessary to ask the court to terminate a guardianship. Terminate Guardianship Instructions and Forms

For Additional information about Guardianships the state Self-Help website contains addtional information:

www.courts.ca.gov/selfhelp-guardianship.htm

© 2014 Superior Court of California, County of Sutter