Guardianship is a court proceeding in which a judge gives a responsible adult custody of a minor child, power over the child’s estate, or both. Guardianships are often handled in probate court, but if a child is a dependent of the juvenile court, only the juvenile court may appoint a legal guardian for that child. Both types are discussed briefly below, although the resources recommended on this page primarily address probate guardianships.
A specialized type of guardian is a guardian ad litem. A guardian ad litem is an adult appointed by the court to act on behalf of a minor in a lawsuit, since minors cannot represent themselves in most cases. It is usually a parent, but does not have to be.
Frequently parents find that they need someone else, often a grandparent or other family member, to care for and make decisions for their children, but they do not want to establish a formal guardianship. There are a variety of factors that can attribute to why parents and the person who.
As children enter their teen years and gain more independence from parents, both may have questions regarding the process, legal requirements and consequences of emancipation. Emancipation is a legal way for children to become adults before they turn eighteen. Under California law, a minor may be emancipated by a court.
SH@LL provides general information and basic assistance to people without attorneys on a variety of civil legal issues. All assistance is provided by telephone or Zoom videoconference. Visit “What We Help With” for a list of qualifying cases.
Eligibility: Must be a Sacramento County resident or have a qualifying case in the Sacramento County Superior Court.
Free legal advice and assistance to those age 60+ on almost any civil issue. Common issues are tenants’ rights, estate planning, grandparent’s rights, pensions, and public benefits. No criminal law or assistance with conservatorships. Must have legal immigratnt status.
Family law self help assistance, including forms assistance, file review, preparation of orders and judgments and other forms of procedural assistance. Also assists with Domestic Violence Restraining Orders, Elder Abuse Restraining Orders, Probate Guardianship, and Limited Conservatorship cases. Eligibility: Must have family law case in Sacramento County Superior Court.
Capital Pro Bono can help you obtain guardianship over a minor child who is not your own. This may be necessary if the child’s parents are deceased or currently unable to care for the child. CPB can also provide advice if you need to get conservatorship over an adult. This may be needed to properly care for a disabled adult. CPB unfortunately cannot provide any help if the child or adult has money that needs to be managed.
Before a guardianship or conservatorship is granted, the court holds a hearing. In Sacramento, about 3 weeks before the hearing, the court posts "calendar notes" (also called "probate notes" or "probate calendar notes") in the online case file. These contain a list of papers and information that are missing, so.
If you do not know the name or address of a person you need to serve or cannot locate the person, Sacramento County Superior Court requires that you complete and file a Declaration of Diligent Search (PR/E-LP-010) for each person you cannot locate. You must complete each section of the.
This video walks the viewer through making the right number of copies for each guardianship paper and assembling them into the correct packets for filing, service of notice to relatives, dealing with difficult-to-find relatives, filing consent and waiver of notice of relatives who agree with the guardianship, preparing for the.
Friendly animated characters portray a legal aid attorney and a guardianship applicant and answer common questions about Caregiver’s Authorization Affidavit , filling out the court paperwork, the duties of a guardian, background check, and filling out the UCCJA declaration.
