This form gives general information about guardianship of the person 
under the Probate Code. It discusses:

Alternatives to guardianship;  

Nomination of a guardian;  

Who can be appointed as a guardian;  

How to ask the probate court to appoint a guardian;  

How to formalize the appointment;  

The rights and duties of a guardian of the person; 

Court oversight, removal, and replacement of the guardian; and 

How and when a guardianship can end.

For an overview of guardianship and a 
comparison of probate and juvenile 
court guardianships with placement 
ordered by the juvenile court with a 
foster/resource family, read 
Comparison of Guardians With Other 
Nonparent Caregivers (form GC-207-
INFO/JV-352-INFO). For information 
on juvenile court guardianship, read 
Information on Juvenile Court 
Guardianship (form JV-350-INFO). 
For information on probate 
guardianship of the estate, read 
Information on Probate Guardianship 
of the Estate (form GC-206-INFO).

CAUTION: This form is not a substitute for legal advice from a licensed attorney. Parents and potential nonparent 
caregivers considering guardianship should consult a lawyer for answers to questions or concerns about their situation. 
Click this link, www.courts.ca.gov/selfhelp-findlawyer.htm, for help finding a lawyer. More information is available from 
the California Courts Online Self-Help Center and private publications and resources. The superior court clerk’s office or 
self-help center also has general information, as well as information about any local procedures or rules.

Before asking a court to appoint a guardian, a parent or potential guardian may find it useful to think about these 
questions:

Does the child really need a guardianship?
What alternatives, such as those discussed on pages 2 and 3, are available?
Would any of those alternatives be better for the child?
Do the parents know about the alternatives and agree to the guardianship?
If the parents don’t agree, is there enough evidence to show the court that the child needs a guardian?

A person who cannot answer these questions is strongly encouraged to seek legal advice or, at least, more 
information.

1
1

What Is a Guardianship?

A guardianship of the person is a court-ordered  
relationship that gives an adult, called a guardian, legal 
and physical custody of a child, with the right to make 
parental decisions about the child’s care and control, 
residence, education, and medical treatment. (For a detailed 
discussion of a guardian’s rights and duties, see      , 
below.) 
With a couple of exceptions (see      , below), parents may 
not be appointed guardians of their own child. 
Appointment of a guardian of the person completely 
suspends the parents’ rights to have the child live with 
them and to make decisions for the child for as long as the 
guardianship lasts. The appointment of a guardian does not,

11

3

however, terminate parental rights without additional 
action by the guardian and the court. For more information, 
see       and      , below.

10

15

2 Are There Nonparental Caregiver 

Arrangements That Do Not Require a 
Court Order?

Yes. Parents can make arrangements for their child to live 
with an adult who is not the child’s parent without going to 
court. These arrangements can be useful if a parent knows 
or believes they will not be able to take care of the child for 
a limited time. For example, a custodial parent may be ill; 
need hospitalization or other residential treatment; be 
detained, deported, or incarcerated; or be deployed on 
active military duty. 

Judicial Council of California, www.courts.ca.gov  
Rev. January 1, 2023, Optional Form  
Probate Code, §§ 1470, 1510–1610, 2100–2359, 2650–2670

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2

Under California law, a parent cannot give custody of their 
child to another person without a court order. Only a court 
can order legal and physical custody taken from a parent 
and given to a nonparent. This can happen in a few 
different types of cases, including a family law child 
custody case, a probate guardianship of the person, an 
adoption case, and a juvenile court case. 
If a parent allows an adult relative or friend to take 
temporary care of their child, some service providers will 
question the caregiver’s authority to make decisions or give 
permission for the child’s activities or treatment. For 
example, a school may require written proof of the 
caregiver’s right to enroll a child in school, or a health care 
provider may require a formal, written document that 
shows parental authorization of the caregiver to consent to 
the child’s medical or dental care. This section discusses 
several ways to arrange for another adult to exercise 
parental authority.

a. Caregiver's Authorization Affidavit

The Family Code allows an adult, other than a 
parent, with whom a child is living to complete and 
sign a Caregiver’s Authorization Affidavit (CAA) and 
make certain decisions for the child. A completed 
CAA authorizes a nonrelative caregiver to enroll the 
child in school and consent to the child’s school-
related medical care. A relative caregiver who 
provides additional information on the CAA also has 
authority to consent to the child’s medical and dental 
care and limited authority over a child’s mental 
health care.  
Family Code section 6550 authorizes use of the 
CAA. Section 6552 describes the required contents 
of the CAA form. You can find a sample of the form 
here: www.courts.ca.gov/documents/caregiver.pdf. A 
paper copy may be available from your superior 
court clerk’s office or self-help center, or the county 
public law library. 
A CAA does not need to be filed in court, but it must 
be signed by the caregiver under penalty of perjury, 
which means that a caregiver who lies on the form 
can be charged with a crime. A CAA does not affect 
the decision-making rights of the child’s parents and 
does not give the caregiver custody of the child. 

a.

The child’s parent can veto any of the caregiver’s 
decisions, can take the child to live with them at any 
time, even if the caregiver does not think that is best 
for the child, and can end the CAA at any time.

b.

Written caregiver agreement (power of 
attorney)

A parent who has full custody of a child can use a 
power of attorney (POA) to authorize another adult 
to take care of their child. A POA is a written 
document signed by one person giving another 
person authority to act for the first person. 
CAUTION: Many child custody experts 
discourage parents from using a POA to authorize 
another adult to take care of a child. Creating a 
valid POA is difficult. It requires precise 
language, several formal steps, and can easily lead 
parents to grant rights different from those they 
intend. Any parent thinking about using a POA is 
strongly encouraged to consult an attorney to 
discuss the pros and cons. 
A POA may be useful if a parent knows or believes 
they will be unavailable for a specific time, such as 
an active-duty military deployment, or wants to give 
a caregiver more authority than is allowed by a CAA. 
With a POA, a parent can give a caregiver all or 
some of the same powers as a guardian of the person 
(see        and        for discussions of those powers). 
If the caregiver agrees in writing, they owe the parent 
a strict duty to exercise the powers specified in the 
POA. The agreement is important. Without an 
agreement, a caregiver has no duty to use the powers 
the parent has given them in the POA to care for the 
child. A parent who creates a POA also keeps all 
powers and duties to care for their child. If a 
caregiver under a POA does not properly care for the 
child, the parent is still responsible for doing so. 
In addition, the child’s parent can veto any of the 
caregiver’s decisions, can take the child to live with 
them at any time even if the caregiver does not think 
that is best for the child, and can end the arrangement 
at any time.

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c. Voluntary Placement Agreement

3

Who Can Be Appointed as Guardian?

In some circumstances, parents can also voluntarily 
give temporary care and custody of their child to a 
child welfare agency, probation department, or tribe 
without a court order. This Voluntary Placement 
Agreement (VPA) must satisfy certain legal 
conditions; specify the child’s legal status and the 
rights and obligations of the parents, the child, and 
the agency taking custody of the child; and be 
documented on Voluntary Placement Agreement—
Placement Request (California Department of Social 
Services form SOC 155, available at https://cdss.ca.
gov/cdssweb/entres/forms/English/soc155.pdf). 
Under a VPA, the child is placed in foster care, 
which includes placement in the home of a relative or 
nonrelative extended family member if possible. The 
child may be eligible for foster care benefits, but the 
parents may also be required to pay for a portion of 
the child’s care. The agreement usually lasts for 6 
months, but it may be extended for an additional 6 
months for a total period not to exceed 12 months. 
Parents can terminate the agreement at any time but, 
as noted above, if they end it before the child welfare 
agency agrees, the agency can file a dependency 
petition for the child in juvenile court.

d.

Indian custodianship

An Indian custodianship can provide another option 
that does not require court involvement if the child is 
an Indian child, as defined by the federal Indian 
Child Welfare Act (ICWA). An Indian custodian is 
any Indian person who has legal custody of an Indian 
child under tribal law or custom or under state law. 
Although under California law, a nonparent may gain 
legal custody of a child, including an Indian child, 
only by court order, the state recognizes legal 
custody of an Indian child that is valid under tribal 
law or custom. The child’s parent may also create an 
Indian custodianship without a court order by 
transferring temporary physical care, custody, and 
control of the Indian child to an Indian person. 

The court may appoint any adult (a person 18 years of age 
or older)—including a relative, a friend of the family, or 
another interested person—as guardian of a child’s person. 
The court may not appoint a parent unless (a) the parent is 
terminally ill and is appointed as co-guardian with a 
nonparent or (b) the child is 18–20 years old, has 
consented, and has requested Special Immigrant Juvenile 
findings. 

4 Can a Parent or Other Person Pick the 
Person They Want to Be the Guardian?

A parent can nominate a guardian if:





The other parent(s) also nominate, or consent in writing 
to the nomination of, the same guardian for that child.

When the petition for appointment is filed, the other 
parent(s) are dead or lack legal capacity to consent to 
the nomination, or the consent of the other parent would 
not be required for the child’s adoption.

The parent may make the nomination in the petition for 
appointment, at the hearing on the petition, or in a writing 
signed before or after the petition is filed. The nomination 
may state that the parent wants the nominee, if appointed, 
to have the same authority over the child as a parent with 
legal custody would have and to be able to exercise that 
authority without court oversight to the same extent as a 
parent with legal custody would be able to. 
The nomination is effective when made, except that a 
written nomination may provide that the nomination takes 
effect only when a specified event or events, including the 
parent’s later legal incapacity, detention, or death, has 
occurred.  
Unless a written nomination provides otherwise, the 
nomination remains in effect even if the parent later dies or 
is determined to lack legal capacity.

5

Who Can Request Appointment of a 
Guardian?

A relative or other person, including the child if 12 years 
old or older, can file a petition asking the court to appoint a 
guardian. The person who files the petition does not need 
to be the same person as the one who wants to be appointed 
guardian, but usually is. This form assumes that the same 
person is filing the petition and asking to be guardian.

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Filing the Petition and Giving Notice of 
the Hearing

b.

a. Petition 

Once a person has decided that a child needs a 
guardian appointed, the first step in the process of 
establishing guardianship is to complete Petition for 
Appointment of Guardian of Minor (form GC-210) or 
Petition for Appointment of Guardian of the Person 
(form GC-210(P)) and all other required documents. 
Then file the forms with the clerk of the court in the 
county where the child lives unless it would be better 
for the child to file the petition in a different county. 
A list of statewide forms that need to be filed with a 
petition for appointment of a guardian of the person 
is available on Forms You Need to Ask the Court to 
Appoint a Guardian of the Person (form GC-505). 
Some courts have additional local forms that need to 
be filed along with the statewide forms. 
NOTE: After a petition is filed, the court may, but is 
not required to, appoint an attorney to represent the 
child. Any interested person can ask the court to 
appoint an attorney for the child. If the child is an 
Indian child, the child’s parent or Indian custodian 
has a right to an appointed attorney if they cannot 
afford to hire an attorney. The court is not otherwise 
authorized to appoint an attorney for a parent or for 
the petitioner. 
The petition needs to ask the court to appoint a 
guardian of the person or a guardian of both the 
person and the estate, give the proposed guardian’s 
name and address and the child’s name and date of 
birth, and state that the appointment is “necessary or 
convenient.” The petition must also give the names 
and addresses of the child’s parents and other persons 
who have specific relationships with the child. If the 
child is an Indian child, the petition must state that 
fact and give the name and address of any Indian 
custodian and the child’s tribe. The petition must also 
tell the court whether there are any adoption, child 
custody, juvenile court, family law, or other 
guardianship proceedings affecting the child in 
progress in California or any other state or country. 
The court charges a fee for filing a guardianship 
petition. If the child or the child’s estate cannot 
afford to pay the fees, the petitioner can ask the court 
to waive the fee requirement. The court clerk can 
provide the required fee waiver forms.

Notice 
Before the court can hold a hearing to decide the 
petition, the person who filed the petition must give 
notice of the hearing to specific persons unless the 
court finds that the petitioner tried diligently and 
could not give notice to a person or that notice would 
be against the interests of justice. The notice must 
include a copy of the petition and a copy of 
Comparison of Guardians With Other Nonparent 
Caregivers (form GC-207-INFO/JV-352-INFO).  
Notice must be given to the child if 12 years old or 
older, the parents, anyone else with legal custody, 
and anyone nominated to be the guardian by serving 
them personally or, if that is not possible, by first-
class mail with an acknowledgment of receipt 
requested. For more information about service of 
notice, see What Is “Proof of Service” in a 
Guardianship? (form GC-510). Other persons may 
be given notice personally, by mail, or, if they 
consent, electronically. If the child is an Indian child, 
notice must be mailed to any Indian custodian and 
the child’s tribe as required by the Indian Child 
Welfare Act.

Investigation

7

a.

Guardianship investigation 
Unless it finds a good reason not to, the court will 
order an investigation before the hearing on the 
petition to appoint a guardian. A court investigator 
will contact the proposed guardian, the parents, the 
child, and any other persons who might know about 
the child’s family and their needs. The investigator 
will give a report to the court and make a 
recommendation on what decision the court should 
make. The report is confidential; the court will make 
it available only to persons served (see item 6b, 
above) in the proceeding and their attorneys. 
The court or county charges a fee for conducting the 
guardianship investigation. The court can waive its 
fee if it would cause a hardship to the child or the 
child’s estate. The county may also waive its fee 
because of hardship.

b.

Child welfare referral and investigation 
If the probate court thinks the child has been, or is at 
risk of being, abused or neglected by a parent, the 
court may refer the child to the county child welfare 
agency for an investigation and commencement of

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b.

juvenile court proceedings. If the probate court 
makes a referral, the guardianship proceedings are 
paused, but the probate court can make any order 
necessary to protect the child, including an order 
appointing a temporary guardian or issuing a 
temporary restraining order. 
If, after three weeks, the agency has not notified the 
probate court that it has filed a petition to begin 
proceedings in juvenile court, the probate court or the 
child’s attorney, if the probate court has appointed 
one, may file a request with the juvenile court to 
review the agency’s decision not to begin juvenile 
court proceedings and to order the agency to file a 
petition to begin those proceedings. 
If the juvenile court begins proceedings, the probate 
guardianship proceedings must remain paused. If the 
juvenile court does not begin proceedings, the 
probate court can hold a hearing and decide whether 
to appoint a guardian.

8

Hearing and Standard for Appointment

An interested person may appear and object or respond to 
the petition in writing at or before the hearing. In addition, 
an interested person may appear and object or respond 
orally at the hearing. If no one objects, the court may 
decide the matter on the verified petition and declarations. 
If a person objects, then the court will consider evidence, 
determine any issues, and make appropriate orders. 
Based on its determination of the child’s best interest, the 
court may grant the petition, may grant another person’s 
petition, or may find that the child does not need a 
guardianship and deny all the petitions. The probate court 
may appoint a guardian for a child when the appointment is 
“necessary or convenient.” This can happen if no parent is 
willing, available, or suitable to have care, custody, and 
control of the child. A parent may not be able to care for 
the child because of the parent’s death, incapacity, military 
obligations, detention, or other reasons. The petitioner must 
prove to the court that a guardianship is needed. 
Appointing a guardian of the person may be necessary or 
convenient if the court decides that the appointment is in 
the child’s best interest. If a parent objects to the 
appointment of a guardian of the person, the court must, 
before appointing a guardian, find that remaining in or 
returning to parental custody would be detrimental 
(harmful) to the child.

The longer a child has been living safely with the proposed 
guardian, the more likely a court is to find that returning to 
the parents is detrimental to the child or not in the child’s 
best interest. 

9

Affirmation and Letters

For appointment of a guardian to be valid, the court must 
sign the Order Appointing Guardian or Extending 
Guardianship of the Person (form GC-240). Once the court 
signs the order, the guardian needs to complete Letters of 
Guardianship (form GC-250) and take both forms GC-240 
and GC-250 to the clerk’s office. After affirming that the 
guardian will perform their duties according to law, the 
clerk will issue Letters of Guardianship, a legal document 
that is proof of appointment as the child’s guardian. The 
clerk will keep the original Letters in the case file. The 
guardian should buy a certified copy from the clerk, make 
photocopies of the certified copy, and keep the certified 
copy in a safe place. Showing officials and service 
providers a copy of the Letters will help the guardian 
perform their duties, such as enrolling the child in school 
and obtaining medical care, by verifying their legal 
authority to act on the child’s behalf.

10 Custody and Visitation Rights—

Guardians and Parents

A guardian of the person has full legal and physical 
custody of the child and is responsible for all decisions 
relating to care and control of the child. The child’s parents 
can no longer make decisions for the child during a 
guardianship. The rights of the parents are completely 
suspended—not terminated—as long as the guardianship 
remains in effect. 

If a guardian is appointed, a parent or other person can ask 
the court to order the guardian to let them visit or spend 
time with the child. If the court does not make an order, the 
guardian can decide who visits the child, how often, and 
for how long. 
After the child has been in the guardian’s custody for a 
minimum time—varying from six months to three years 
depending on the applicable statute—the guardian may 
petition to terminate parental rights and adopt the child.

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11 Guardian's Rights and Duties

c.

a. Basic rights and duties 

A guardian of the person generally has the same 
rights to legal and physical custody of the child as a 
parent. If a parent nominates a person as guardian 
and that person is appointed by the court, the court 
will grant the guardian, to the extent provided in the 
nomination, the same rights and duties regarding the 
child that a custodial parent has unless the court finds 
good cause to withhold any of them.  
In other circumstances, however, the court can order 
the guardian to get court approval before taking 
specific actions for which a parent would not need 
court approval. The order of appointment and the 
Letters will state whether the court has placed limits 
on the guardian’s authority. 
If the child has special needs, a guardian must strive 
to meet those needs or secure appropriate services. 
Some children may have physical or learning 
disabilities. Other children come from abusive homes 
or have been victims of abuse. Counseling and other 
services may be necessary to assist a child who has 
special needs or has had difficult or traumatic life 
experiences. 
A guardian is responsible for providing for food, 
clothing, shelter, education, and all the medical and 
dental needs of the child. A guardian must also 
provide for the safety, protection, and physical and 
emotional growth of the child. Like a parent, a 
guardian should maintain close contact with the 
child’s school and physician.

b.

Residence 
A guardian of the person has the right to decide 
where the child lives. The child normally lives with 
the guardian, but the guardian can make other 
arrangements if they are in the best interest of the 
child. The guardian should check with the court 
before placing the child to live with the parents. 
A guardian must give proper written notice to the 
court and other persons of any change of address of 
either the child or the guardian. A guardian must get 
permission from the court before changing the 
child’s address to a place outside California.

d. Health care 

Education 
A guardian of the person holds the child’s 
educational rights and is responsible for the child’s 
education. The guardian determines where the child 
will attend school and helps the child set and attain 
educational goals. The guardian must assist the child 
in obtaining services if the child has special 
educational needs. As the child’s advocate in the 
school system, the guardian should attend teacher 
conferences and play an active role in the child’s 
education. The guardian of a younger child may want 
to consider enrolling the child in Head Start or 
another similar program. The guardian of an older 
child should consider the child’s future educational 
needs, such as college or a specialized school.

A guardian of the person is responsible for meeting 
the child’s medical, dental, and mental health needs. 
In most cases, the guardian has the authority to 
consent to the child’s medical treatment. However, 
surgery may not be performed on a child 14 years old 
or older except in an emergency unless either (1) 
both the child and the guardian give consent or (2) a 
court order specifically authorizes the surgery. 
A guardian of the person may not place a child in a 
mental health treatment facility against the child’s 
wishes. A mental health conservatorship proceeding 
is required for such an involuntary placement. 
However, the guardian should arrange counseling 
and other mental health services for the child if 
appropriate. 
In certain situations, the law allows older and more 
mature children to consent to their own treatment, 
including outpatient mental health treatment, medical 
care related to pregnancy or sexually transmitted 
diseases, and drug and alcohol treatment.

e.

Financial support 
Even when the child has a guardian, the parents are 
still obligated to support the child financially. The 
guardian may take action to obtain child support. 
You may contact the local child support agency in 
your county to collect support from a parent. The 
child may also be eligible for other public benefits, 
Social Security benefits, Veterans Administration 
benefits, Indian child welfare benefits, and other 
public or private funds. For information about some 
options, see      , below.

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f. Consent to changes to child's legal status 

A guardian of the person has the authority to consent 
to (allow) many changes the child may want to make 
in the transition to independent adulthood. These 
include:

12 Financial Support and Services for 
Children in Probate Guardianship

a. Subject to certain conditions, a child living in the 

(1) United States passport application 

A guardian has authority to apply for a United 
States passport for the child.

(2)

(3)

(4)

Driver's license application 
A guardian has authority to consent to a child’s 
driver’s license application. By giving consent, 
the guardian becomes liable for any civil 
damages that result if the minor causes an 
accident. The law requires that anyone signing 
the DMV application obtain insurance to cover 
the minor.

Enlistment in the armed services 
The guardian has authority to consent to a 
minor’s enlistment in the armed services. If the 
minor enters into active duty with the armed 
services, the minor becomes emancipated under 
California law, and the guardianship ends.

Marriage 
For the child to get married, both the guardian 
and the court must give permission. If the minor 
enters a valid marriage, the minor becomes 
emancipated under California law, and the 
guardianship ends.

g.

h.

Liability for child's misconduct 
A guardian, like a parent, is liable for the harm and 
damage caused by the willful misconduct of a child. 
There are special rules concerning harm caused by 
the use of a firearm. If you are concerned about your 
possible liability, you should consult an attorney.

Additional duties 
The court may place other conditions on the 
guardianship or additional duties on the guardian. For 
example, the court may require the guardian to 
complete counseling or parenting classes, to obtain 
specific services for the child, or to follow a 
scheduled visitation plan between the child and the 
child’s parents or relatives. The guardian must follow 
all court orders.

b.

home of a nonrelative probate guardian may receive 
state Aid to Families with Dependent Children—
Foster Care (AFDC-FC) in the same monthly amount 
as a child placed in the home of a foster parent or 
resource family. A child living with a relative 
guardian may receive CalWORKs cash payments 
based on income.  
A youth 18 years of age or older who continues 
living with a former guardian may continue to 
receive AFDC-FC or CalWORKs while attending 
high school or an equivalent full-time educational or 
vocational training program if expected to graduate 
before the reach age 19 or, if they have a disability 
and are attending high school full time, until age 21.

California offers a variety of publicly funded 
childcare programs that help low-income families, 
including families of children living with guardians, 
pay for childcare. These programs include 
CalWORKs childcare, Alternative Payment program 
(AP) voucher and contract-based childcare, 
California State Preschool Program (CSPP), Head 
Start and Early Head Start, and Transitional 
Kindergarten. Many of these childcare programs 
offer special consideration for families caring for 
children who have been formally or informally 
placed outside their home. 
Each county in California has at least one childcare 
resource and referral agency that helps families find 
childcare and figure out whether they qualify for 
public funding to help pay for it. Guardians can use 
this website to find their local resource and referral 
agency: https://rrnetwork.org/family-services/find-
child-care. This section discusses the main childcare 
programs in California.

(1) CalWORKs childcare vouchers: 

CalWORKs childcare has three stages: 
Stage 1: An entitlement for parents or guardians 
receiving CalWORKs cash assistance or who 
received cash assistance in the past 24 months 
and are engaged or want to engage in a Welfare-
to-Work activity. Families stay in Stage 1 until 
they are transferred to Stage 2.

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(1)

(2)

Stage 2: An entitlement for parents or guardians 
who received CalWORKs cash assistance in the 
past 24 months or a lump-sum diversion payment 
or services. See (2), below, for eligibility 
requirements. 
Stage 3: Subject to enough funding, families are 
transferred to Stage 3 after 24 months of 
receiving cash assistance or if they received a 
lump-sum diversion payment or services. See (2), 
below, for eligibility requirements. 
Families get continuous CalWORKs childcare 
for children in their care, including children in 
formal and informal out-of-home care, for at least 
12 months until recertification. Childcare is 
available until the child is 13 years old or until 
the child is 21 years old if they have a disability. 
Qualifying families should not be put on a 
subsidized childcare waiting list for CalWORKs 
Stages 1 and 2, as these are entitlement programs. 
Families can choose a childcare center, family 
childcare home, or family, friend, or neighbor 
setting that best meets their needs.*

AP voucher and contract-based childcare 
(including CalWORKs Stages 2 and 3): 
Families qualify for childcare based on income, 
or if they receive CalWORKs cash assistance, or 
if they are experiencing homelessness and the 
parent or guardian has a “need” for child care (for 
example, if they are working or going to school). 
Families have continuous eligibility for at least 
12 months until recertification, until the child is 
13 years old or until the child is 21 years old if 
the child has a disability. Families can choose a 
childcare center, family childcare home, or 
family, friend, or neighbor setting that best meets 
their needs.*

* Some counties may require guardians to use licensed 
“family, friend, or neighbor” child care.

(3)

California State Preschool Program 
(CSPP): 
AP voucher and contract-based child care 
eligibility requirements apply, but there are some 
exceptions. CSPP is for children ages 4–5, and 
there are no “need-based” requirements for part-
day CSPP. CSPPs are located on school 
campuses and in neighborhoods.

c.

(4)

Head Start and Early Head Start: 
Families experiencing homelessness or receiving 
CalWORKs cash assistance or supplemental 
security income (SSI) qualify regardless of 
income. Other families must qualify based on 
income. Head Start offers full services to families 
with children ages 3–5; Early Head Start is for 
pregnant women and children under age 3.

(5) Transitional Kindergarten: 

No-cost early care and education for 4-year-olds 
offered on school campuses. Parents and 
guardians with childcare subsidies may keep their 
4-year-old children in non-school settings if they 
prefer.

Other community resources 
Each county has agencies and service providers that 
can help a guardian meet the specific needs of a child 
who comes from a conflict-filled, troubled, or 
deprived environment. If the child has special needs, 
the guardian must strive to meet those needs or 
secure appropriate services. Some children have 
physical or learning disabilities. Other children come 
from abusive homes or have been victims of abuse. A 
child who has special needs or has had traumatic life 
experiences may need counseling and other services. 
The probate court cannot help a guardian get 
services. To find resources and get referrals, the 
guardian can check with the court self-help center, 
the local child welfare agency, or even a support 
group for guardians. A relative guardian can start by 
visiting the California Kinship Navigator at www.
getvirtualsupport.org/app/.

13

Court Oversight of Guardian

Guardians are subject to the regulation and control of the 
court in performing their duties. To the extent resources are 
available, the court will require the guardian to complete 
and submit annual status reports to the court. Confidential 
Guardianship Status Report (form GC-251) must be used 
for this report. The report must provide information about 
the child’s residence, education, physical and emotional 
health, other persons the child lives with, the child's 
relationship with the parents, and whether the guardianship 
is still needed. If the guardian, the child, or another 
interested person wants the court to decide whether the 
guardian has the authority or duty to take or not take a 
specific action, they can file a petition. After notice and a 
hearing, the court will decide and make orders.

Rev. January 1, 2023

GC-205-INFO, Page 8 of 9

Information on 
Probate Guardianship of the Person

Under the Probate Code, for example, if a child, other than 
an Indian child, has lived with a probate guardian for at 
least two years and the court has found that adoption by the 
guardian would be in the child’s best interest, a proceeding 
to terminate parental rights may be brought in the 
guardianship proceeding, in an adoption proceeding, or in a 
separate action. The rights and procedures in Family Code 
sections 7800–7895, including a parent’s right to notice 
and counsel, apply to this proceeding. (Family Code 
section 8802 provides different waiting periods and 
procedures depending on the situation.) 
If the guardianship is terminated while the child is still a 
minor, and no other custodial arrangement is ordered, the 
child returns to parental custody. 
If the child, before reaching age 18, has requested or 
consented to the extension of the guardianship to allow 
time to complete a federal application for Special 
Immigrant Juvenile status, the court may extend the 
guardianship past the youth’s 18th birthday, but not past 
the youth's 21st birthday.

16

Legal Advice and Resources

As noted on page 1, prospective guardians and parents are 
strongly encouraged to talk with an attorney. The 
attorney can advise them about the legal effect of a 
guardianship on parental rights, a guardian’s rights and 
responsibilities, the limits of a guardian’s authority, the 
rights of the child, and the court processes for appointing, 
overseeing, modifying, and terminating a guardianship.  
Court staff cannot give legal advice. The court’s self-help 
center can, however, give legal information to a person 
who is not represented by an attorney and help the person 
fill out any forms they need to file. Information and 
answers can also be found by contacting local community 
resources, researching private publications, or visiting the 
county public law library.

In addition, some counties have “court visitors” who track 
and review guardianships. In these counties, a guardian is 
expected to cooperate with all requests of the court visitor. 
And no matter the county, the guardian must always 
cooperate with the court and court investigators.

14 Removal and Replacement of Guardian

After notice and a hearing on a petition filed by the child, a 
relative or friend of the child, or any other interested 
person, the probate court may remove a guardian for 
specific reasons or when it is in the child’s best interest. 
The court may also suspend the powers of the guardian 
until it can hold a hearing on the petition for removal. A 
guardian may also file a petition to resign, and, if the court 
determines after a hearing that the resignation appears 
proper, the court must allow it. 
If there is a vacancy for any reason, the court may appoint 
a successor guardian after notice and a hearing as in the 
case of the original appointment.

15 Termination of Guardianship

A guardianship of the person automatically terminates 
(ends) when the child reaches age 18 or one of the 
following events occurs before the child reaches age 18:

The child is adopted;

The child is emancipated by getting married, enlisting in 
the military, or court order; or

The child dies.

f none of these events has occurred, the child, a parent, or 
the guardian may petition the court for termination of 
guardianship before the child reaches age 18. To grant the 
petition, the court must find that termination is in the 
child’s best interest.  
The longer a child has been living safely with the guardian, 
the more difficult it will be to show that ending the 
guardianship is in the child’s best interest. In fact, several 
statutes authorize a guardian to file a petition to terminate 
parental rights in conjunction with a request to adopt the 
child.

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 I

13

GC-205-INFO Information on Probate Guardianship of the Person

Rev. January 1, 2023

GC-205-INFO, Page 9 of 9

Information on 
Probate Guardianship of the Person