There are several different types of guardianships. However, in general, a probate guardianship is a formal court process in which the probate court appoints a guardian to have custody of a minor and or their property (California Probate Code §1510). In California, the Probate Court has a particular standard they use in order to determine whether it is appropriate to appoint a guardian. The standard in California is "what appears to be in the best interest of the proposed ward, taking into account the proposed guardian's ability to manage and to preserve the estate as well as the proposed guardian's concern for and interest in the welfare of the proposed ward." (California Probate Code §1514(e)(1)
A guardianship is a large responsibility which lasts until the minor turns 18 years of age therefore you should consult with an attorney if you are considering filing for guardianship in order to educate yourself about the responsibilities and liabilities you will face. If you live in the California area and have questions about an existing guardianship or would like to petition for guardianship you should consult with an experienced Los Angeles Probate Attorney.
