Guardianship Book for California : How to Become a Child's Legal Guardian

by Goldoftas, Lisa; Brown, David; Brown, David Wayne

• ISBN13: 9780873378628
• ISBN10: 0873378628
• Edition: 4th
• Format: Paperback
• Copyright: 2002-10-01
• Publisher: Nolo

Summary

Children who don't have their parents to raise them--either because of death, disability or disinterest--need an adult to be appointed their legal guardian. This helpful book walks adults interested in this new role through the guardianship process, illustrating how to:- decide whether to obtain a legal guardianship- determine whether they are eligible to enroll minors in school or make medical decisions without legal guardianship- use alternate forms if a legal guardianship is not practical- obtain a guardianship for finances or for personal and physical care of a minor- prepare, file and have guardianship papers served and much more.

Table of Contents

Introduction: An Overview of Guardianships
How This Book Can Help You	2	(1)
What This Book Does Not Cover	3	(1)
What is a Guardianship?	3	(1)
Two Types of Guardianships	4	(3)
Is a Guardianship Really Necessary?	7	(3)
Should You be the Guardian?	10	(3)
Do You Need an Attorney or Other Legal Professional?	13	(1)
Special Guardianship Situations	14	(1)
Using This Book Efficiently	15	(1)
Answers to Common Questions About Guardianships	16
Alternatives to a Court-Ordered Guardianship
How to Use This Chapter	3	(1)
Alternatives to Guardianship of a Minor's Person	3	(7)
Dealing with Agencies and Institutions	10
Getting Started
Documents and Information You Need	2	(1)
The Courts	3	(1)
How to Use the Forms	4	(3)
General Rules on Completing Forms	7	(2)
How to File Papers With the Court	9	(5)
Filing Fees and Court Costs	14
Notifying Minor's Relatives and Obtaining Their Consents
Overview of How to Notify Relatives	2	(1)
Guardianship Notification Worksheet	3	(1)
Try to Find Minor's Unknown or Missing Relatives	4	(6)
After You've Searched for Missing Relatives	10	(4)
Consent of Proposed Guardian, Nomination and Waiver of Notice Form	14	(3)
Discussing the Guardianship with the Minor's Relatives	17	(2)
Obtain Signatures From Relatives on the Nomination and Waiver of Notice Forms	19	(1)
Continue Filling in the Worksheet	20
Preparing Forms to File for a Guardianship
Petition for Appointment of Guardian of Minor	3	(16)
Declaration Under Uniform Child Custody Jurisdiction and Eforcement Act (UCCJEA) (Guardianship of a Minor's Person Only)	19	(3)
Notice of Hearing	22	(1)
(Proposed) Order Dispensing with Notice	22	(7)
(Proposed) Order Appointing Guardian of Minor	29	(6)
(Proposed) Letters of Guardianship	35	(2)
Confidential Guardian Screening Form	37	(3)
Duties of Guardian and Acknowledgment of Receipt	40	(6)
Prepare Supplemental Documents if Required	46	(1)
When You Need a Guardianship Right Away	47
Filing and Serving the Guardianship Papers
Check Your Work	3	(1)
File Guardianship Documents and Get a Hearing Date	3	(5)
Local Court Forms May Be Required after You File Your Papers	8	(1)
What, When and How Papers are Served	9	(2)
Use Guardian Notification Worksheet to Determine Who Must Be Served	11	(3)
Personal Service and Notice and Acknowledgment of Receipt	14	(6)
Having Documents Served by Mail	20	(2)
Copy and File Proofs of Service and Possibly Notice of Hearing	22	(3)
Complete the Guardianship Notification Worksheet	25
Temporary Guardianships of a Minor's Person
When to Seek a Temporary Guardianship	2	(1)
Overview of the Temporary Guardianship Process	3	(1)
Call the Court	4	(1)
Complete the Regular Guardianship Documents	5	(1)
Complete Temporary Guardianship Documents	5	(10)
Filing Documents, Serving Papers, Obtaining Letters of Temporary Guardianship	15	(2)
How to Extend the Temporary Guardianship	17
The Guardianship Investigation
Each Court Has its Own Policies for Investigations	2	(1)
Investigation Procedure	3	(1)
Tips on Dealing with the Investigator	4	(1)
The Investigator's Report	5	(1)
Fees for the Investigation	5	(1)
If the Investigator Recommends Against Granting Guardianship	6	(1)
If the Investigator Recommends Granting Temporary Guardianship	6
The Hearing: Preparing, Attending and What to Do Afterwards
Getting Ready for the Hearing	2	(2)
Make Sure Your Hearing is on the Court Calendar	4	(1)
The Day of the Hearing	5	(1)
Attend the Hearing	6	(3)
Getting the Letters of Guardianship Issued by the Clerk	9
Guardianship of a Minor's Estate
How to Use This Chapter	2	(1)
Completing Estate Items in the Petition for Appointment of Guardian of Minor Form	3	(3)
After the Guardianship Hearing	6	(2)
Consult Other Resources to Meet Court Reporting Requirements	8	(3)
Using Funds From the Estate for Support of the Minor	11	(1)
Ongoing Responsibilities for the Guardian of a Minor's Estate	12
Now That You're a Guardian: Rights and Responsibilities
What to Do with Letters of Guardianship	2	(1)
Responsibilities of Guardians of a Minor's Estate	2	(1)
Responsibilities of Guardians of a Minor's Person	2	(2)
Responsibilities to the Court	4	(2)
Transferring the Guardianship to Another California Court	6	(7)
Reimbursements and Compensation of the Guardian	13	(1)
If the Guardianship is Contested After You are Appointed	14
Ending the Guardianship
Termination of the Guardianship	3	(7)
Resignation of the Guardian	10	(1)
Contested Situations: Removal or Suspension of the Guardian	11
Lawyers and Legal Research
Finding Free Legal Help	2	(1)
What an Independent Paralegal Can Do	3	(1)
Finding and Hiring a Lawyer	3	(4)
Doing Your Own Legal Research	7
APPENDICES
A. Glossary of Guardianship Terms
B. How to Obtain Birth, Death and Marriage Certificates
C. Forms for Temporary ``Guardianship'' Situations
D. Forms for Obtaining a Court-Ordered Guardianship