Guardianship Pamphlet {GC-205} | Pdf Doc Docx | California

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Guardianship Pamphlet {GC-205} | Pdf Doc Docx | California

Guardianship Pamphlet {GC-205}

This is a California form that can be used for Probate Guardianship-Conservatorship within Judicial Council.

Alternate TextLast updated: 11/8/2010

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Legal advice ­ An attorney can advise you and help you prepare your inventories, accountings, and petitions to the court. If you have any questions, you should consult with an attorney. OTHER GENERAL INFORMATION Removal of a guardian ­ A guardian may be removed for specific reasons or when it is in the child's best interest. A guardian may be removed either on the court's own motion or by a petition filed by the child, a relative of the child, or any other interested person. If necessary, the court may appoint a successor guardian, or the court may return the child to a parent if that is found to be in the child's best interest. Legal documents ­ For your appointment as guardian to be valid, the Order Appointing Guardian of Minor must be signed. Once the court signs the order, the guardian must take prepared Letters of Guardianship to the clerk's office where the clerk will issue the letters. Letters of Guardianship is a legal document that provides proof that you have been appointed and are serving as the guardian for a minor. You should obtain several certified copies of the Letters from the clerk. These legal documents will be of assistance to you in the performance of your duties, such as enrolling the child in school, obtaining medical care, and taking care of estate business. Attorneys and legal resources ­ If you have an attorney, the attorney will advise you on your duties and responsibilities, the limits of your authority, the rights of the child, and your dealings with the court. If you have legal questions, you should consult with your attorney. Please remember that the court staff cannot give you legal advice. If you are not represented by an attorney, you may obtain answers to your questions by contacting community resources, private publications, or your local law library. GUARDIANSHIP PAMPHLET (FOR GUARDIANSHIPS OF CHILDREN IN THE PROBATE COURT) This pamphlet provides basic information about probate guardianships for children. It includes general information about court procedures, the duties and responsibilities of probate guardians, and other helpful material to assist you in fulfilling the obligations of a guardian. (For information about becoming a guardian of a dependent or ward of the Juvenile Court, you should consult the separate pamphlet on that subject.) Further information about probate guardianships may be obtained from an attorney, the Probate Code, and private publications and resources. You should also consult the court or the court clerk's office regarding special procedures or rules in your county. Form Adopted for Mandatory Use Judicial Council of California GC-205 [Rev. January 1, 2001] GC-205 12 2001 © American LegalNet, Inc. What is Guardianship? Guardianship is a court process by which a person other than a parent is given custody of a child or authority over a child's property. Appointment as guardian requires the filing of a petition and approval by the court. This pamphlet will provide you with some basic information about guardianships. If the court establishes a probate guardianship, the guardianship may be: · A guardianship of the person of the child (custody); · A guardianship of the child's "estate" (property); or · Both. If the court appoints you as a guardian for a child, you will assume important duties and obligations. You will become responsible to the court. It is essential that you clearly understand your duties and responsibilities as guardian. If you have any questions, you should consult with an attorney who is qualified to advise you in these matters. What is a Legal Guardian? A legal guardian is an adult to whom the court has given authority and responsibility to provide care for a child, or to manage the child's assets, or both. Who May Be Legal Guardians? Relatives, friends of the family, or other interested persons may be considered as potential legal guardians. Before You File the Petition Before you file a petition for guardianship, you should consider the following: · · · · Is a guardianship really necessary? Have you considered the alternatives? Do the parents consent to the guardianship? Without parental consent, is there enough evidence for you to prove the need for a guardianship? · Do you need legal advice or assistance? INSURANCE Insurance coverage ­ As guardian of the estate, you should make sure that there is appropriate and sufficient insurance covering the assets and risks of the estate. You should maintain the insurance in force throughout the entire period of the guardianship or until the insured asset is sold. RECORD KEEPING AND ACCOUNTING Records ­ As guardian of the estate, you must keep complete, accurate records of each financial transaction affecting the estate. The checkbook for the guardianship checking account is your indispensable tool for keeping records of income and expenditures. You should also keep receipts for all purchases. Record keeping is critical because you will have to prepare an accounting of all money and property you have received, what you have spent, the date of each transaction, and its purpose. You will also have to be able to describe in detail what is left after you have paid the estate's expenses. Accountings ­ As guardian of the estate, you must file a petition requesting that the court review and approve your accounting one year after your appointment and at least every two years after that. The court may ask that you justify some or all expenditures. You should have receipts and other documents available for the court's review, if requested. If you do not file your accounting as required, the court will order you to do so. You may be removed as guardian for failure to file an accounting. Format ­ As guardian of the estate, you must comply with all state and local rules when filing your accounting. A particular format is specified in the Probate Code, which you must follow when you present your account to the court. You should check local rules for any special local requirements. 2 [GC-205] 2001 © American LegalNet, Inc. 11 If the child of whose estate you are the guardian has a living parent or if that child receives assets or is entitled to support from another source, you must obtain court approval before using guardianship assets for the child's support, maintenance, or education. You must file a petition or include a request for approval in the original petition, and set forth which exceptional circumstances justify any use of guardianship assets for the child's

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