Termination and Modification of Guardianship: Understanding When and How

What is the Role of a Guardian in California?

If you become a legal guardian in California, you assume various crucial duties and obligations. As a minor’s guardian, you gain control of their well-being and are responsible for the following:

• Fundamental rights and responsibilities: You have the same rights to legal and physical custody of a child as a biological parent, whether nominated by the parent or appointed by the court. You are responsible for providing for the child’s basic needs, such as food and clothing. You also must provide safety, protection, and physical and emotional support.
• Education: You hold the child’s educational rights and must determine where the child will attend school. You must help the child set and attain academic goals. As the child’s advocate, you should actively participate in the child’s educational journey.
• Health care: A guardian is responsible for meeting the child’s medical, mental, and dental needs and, in most cases, has the authority to consent to the child’s medical treatment. However, you may not place a child in a mental health treatment facility against their wishes. A mental health conservatorship proceeding is required for such a placement.
• Residence: You can decide where the child will live as a guardian. The child should live with you, but you can make other arrangements if they are in the child’s best interests. You also should check with the court before placing the child elsewhere.
• Financial support: The child’s parents are still obligated to provide financial support. As a guardian, you may take legal action to obtain child support. You can contact your county’s local child support agency to facilitate the collection of support from the parents.
• Consent to changes to the child’s legal status: The law gives you the authority to consent to many changes the child may want to make when transitioning to independent adulthood. You can allow them to apply for a United States passport or driver’s license, enlist in the armed forces, or marry.

Despite all these obligations towards a child, it’s crucial to remember that guardianship can be terminated or modified. A skilled California estate planning attorney highlights the circumstances that can form the basis of terminating guardianship and the procedure involved.

When Can Guardianship Be Terminated in California?

A guardianship lawyer in California explains that guardianship can end automatically when the child turns 18. It can also be terminated if:

• The child is adopted, enters the military, or marries
• The court declares the child an emancipated adult
• The child dies
• The child or parents of a 12-year-old or older request the court to end the relationship, and the judge agrees.
• The role of a guardian appointed to manage a child’s estate comes to an end after the assets are used up.
• The court determines that guardianship is no longer necessary.

A biological parent who doesn’t have physical custody of the child may also demonstrate to the court that there has been a change of circumstances and the guardianship is no longer necessary or in the child’s best interests. They can achieve this through a reunification plan or sobriety. The court may find it necessary to return the child’s best interests to the parent, terminating the guardianship.

Can a Guardian Resign?

If you are a guardian of the person or estate, you can resign, but there must be a court hearing and investigations before the resignation. A California guardianship attorney adds that you must also give notice of the hearing to all relatives who were informed about your appointment as guardian.

When filing your resignation, you must demonstrate to the court why it would be in the child’s best interests for you to resign. If the court approves, it will appoint another guardian to replace you. If no one is available to take the role, the Juvenile court will determine where and with whom the child will live as a dependent.

Steps to Terminating Guardianship

Under the guidance of an experienced guardianship attorney in California, here are the steps you should undertake to terminate your guardianship role:

• Fill out and form a petition: You need to fill out a Petition for Termination of Guardianship Form GC-255 and submit it to court. After that, you will get a hearing date.
• Notify the relevant family members: At least 15 days before the court date, ensure you send a Copy of the Notice and Petition to the child’s family members through mail.
• Investigation: A court’s representative will investigate your case and write a report recommending whether or not to end the guardianship.
• Attend court: The judge will decide whether to modify or terminate the guardianship

What Factors Do Courts Consider When Terminating Guardianship?

When a parent, child, or interested party requests modification or termination of a guardianship, the courts consider the following factors:

• Child’s best interests: The party requesting guardianship termination must demonstrate that ending the relationship will serve the child’s best interests.
• Parental fitness: If a parent wishes to terminate the guardianship so they may live with the child again, they may demonstrate to the court that they have a stable place to live, a source of income, have been rehabilitated, can provide a good home for the child, and is fit to care for the child.
• Child’s preference: A child 12 years or older can express their wishes and preference to the court regarding where and with whom they would want to live.

A Skilled Estate Planning Lawyer Providing Legal Guidance on Guardianship

Guardianship is a legal relationship that bestows the responsibility of caring for a child if the parents are deemed unfit or have passed on. However, the relationship doesn’t last forever, and you can terminate or modify it based on several factors. If you’re a guardian who wishes to modify or discontinue the relationship, a skilled estate planning attorney in California can help.

The Sheela Stark Law Group, APC, has a knowledgeable guardianship lawyer in California to investigate your case. Whether you want to become a guardian or terminate an existing relationship, we can provide legal counsel and support. Call us at 909-675-1545 for a FREE consultation.