CASE STUDY ON A PETITION FOR GUARDIANSHIP: THE “OCTO-MOM” APPEAL

    In 2009, The California Appellate District Court ruled that a non-relative and stranger lacked standing to petition the probate court to appoint a Guardian of the Estate for eight minor children. This particular case garnered attention because it involved Petitioner, Nadya Suleman aka the "Octo-mom."

    This case presented an interesting factual scenario where a nonprofit corporation attempted to petition for guardianship of an infamous family. On January 26, 2009 Nadya Suleman gave birth to eight children. The Suleman family soon after became the popular subject of media coverage and scrutiny. As a result, Ms. Suleman made numerous public appearances with her children, presumably in exchange for financial gain. In May 2009, Paul Petersen petitioned the California probate court to appoint a guardian for the estate of the eight Suleman children to replace Nadya Suleman in making financial decisions for her children. The petition for guardianship was brought pursuant to California Probate Code §1510(a) which permits a relative or other person on behalf of the minor to petition the court for appointment of a guardian of the minor's estate. However, Peterson was not a relative or friend of the Suleman family. In fact, Peterson was the president of a non-profit organization.

        In response, Suleman brought a motion to dismiss Petersen's petition for guardianship which the probate court denied. On August 25, 2009, Suleman petitioned the appellate court for review. The appellate court, in its review ruled that the probate court erred by denying Suleman's motion to dismiss the petition and held that Peterson lacked standing under California Probate Code §1510(a) to petition forguardianship.

For more information about Guardianships in  California contact a Los Angeles Probate Attorney.