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Understanding Guardianships: A Guide for Caregivers and Family Members

This comprehensive guide from the 2007 SRL Conference equips caregivers and family members with essential insights into obtaining guardianship for children. It outlines the legal processes involved, necessary forms, and practice tips for navigating the court system effectively. Learn about temporary guardianships, filing procedures, and the importance of due diligence in serving notice. This resource also addresses objections to guardianships and outlines the legal standards needed to succeed in a case. Perfect for those considering guardianship for relatives or family friends.

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Understanding Guardianships: A Guide for Caregivers and Family Members

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  1. GUARDIANSHIPS MONICA MITCHELL SUPERVISING ATTORNEY, SELF HELP SERVICES MMITCHELL@COURTS.SBCOUNTY.GOV 2007 SRL CONFERENCE

  2. Legal right to take care of someone else’s child PEOPLE YOU CAN’T HELP: PARENTS (own child) WARD OF COURT PEOPLE YOU CAN HELP: RELATIVES/FRIENDS FAMILY LAW CASE OK WHAT and WHO 2007 SRL CONFERENCE

  3. STEP ONE: GETTING INTO THE SYSTEM FILING THE PAPERS – THE BIG HASSLE 2007 SRL CONFERENCE

  4. FORMS NEEDED • Plain language forms – new for 2007. • Petition for Guardianship includes a new mandatory Child Information Attachment. (1 each kid) • Plain language advantage • No attachments!!!! (other than CIA) • Due diligence on form • Preferred by regular folks 2007 SRL CONFERENCE

  5. TEMPORARY GUARDIANSHIPS • “Emergency” usage • Not required in all filings • If used, what it means to litigant • Extra service burden • Extra court hearing • Power over child sooner 2007 SRL CONFERENCE

  6. PRACTICE TIPS • Use words like “immediately” and “urgently” • Need specific facts, not just a conclusion • If parent hard to locate, use “now and later” strategy 2007 SRL CONFERENCE

  7. FORMS TIPS • Plain language form has prompt as to required additional forms. • Check with your court re: local forms • Customize your court’s forms on EZ LEGAL • Beware the gatekeepers 2007 SRL CONFERENCE

  8. FORMS ARE FILED . . . WHAT NEXT? • Mailed service on grandparents, siblings, government • 15 day rule for mailed service • File Notice of Hearing/Proof of Service (GC-020) 2007 SRL CONFERENCE

  9. FORMS ARE FILED . . . WHAT NEXT? • Personal delivery to parents, minor (12+), etc. • Take care of Temporary service needs at same time • Tip: Be sure Proof shows Petition was served with Notice of Hearing 2007 SRL CONFERENCE

  10. FORMS ARE FILED . . . WHAT NEXT? • Consent form usage • Tip: Get it signed in the right place! 2007 SRL CONFERENCE

  11. FORMS ARE FILED . . . WHAT NEXT? • Unable to find: Due Diligence/Request to Excuse Notice • Reasonable under the circumstances • Court determines “good cause” 2007 SRL CONFERENCE

  12. PRACTICE TIPS • Be specific in details of effort. • Record futile efforts • Tough Sell Arguments: • Person has no capacity to understand notice • Coma, mental incapacity • Giving notice would be detrimental to the minor • Abuse, removing to unsafe environment 2007 SRL CONFERENCE

  13. STEP TWO: GETTING THROUGH THE SYSTEM • CASE NAME: MTR OF BRITTANY QUIROZ • HEARING: • Petition for Appointment of Guardian • COUNSEL: • IDA M LOPEZ (PET)...PRO/PER • ARTHUR LOPEZ JR (PET)...PRO/PER • BRITTANY QUIROZ (MIN)... • GENERAL INFORMATION: • Temporary letters issued on 8-25-05 • THIS CASE IS SET FOR HEARING ON Petition for Guardianship, person only, by maternal grandparents, minor 2. Minor has already had a heart transplant and appears to have continuing serious medical needs. • THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: • Court to review confidential screening form. • Court may wish to ask CI to obtain CPS records on the minor. • Need to file proof of personal service on mother, Natalie Lopez. • Need to file proof of personal service on father, Luke Quiroz. • Need to file proof of mailed service on CI and paternal grandparents. • RECOMMENDATION: • Need to clear notice notes. 2007 SRL CONFERENCE

  14. OBJECTIONS TO GUARDIANSHIPS • Government Code §§70654(e), 70657(a)(4) • Objection Form • Other uses • Can’t file “Objection” if guardianship case is “over” – the guardianship letters have already been issued 2007 SRL CONFERENCE

  15. INVESTIGATIONS • Mandatory investigation for “non-relative” • Court’s discretion for “relatives” • CHECK LOCAL PRACTICE! • Scenarios: • Petitioner has criminal background • Minor previously abused • Fight between parent and petitioner 2007 SRL CONFERENCE

  16. LEGAL STANDARDS • Depends on whether there is an Objection by Parent If parent doesn’t get involved, loose standard • Each judge is different • School/Football 2007 SRL CONFERENCE

  17. HARDEST GUARDIANSHIP CASE TO WIN • PARENT FILES OBJECTION: • Parent’s custody is detrimental AND • Best interests of child 2007 SRL CONFERENCE

  18. STAGE THREE: GETTING THE ORDER Salt & Pepper -------------------- Order & Letters 2007 SRL CONFERENCE

  19. STAGE FOUR: LIVING WITH IT Termination • Notice • Petition • Order Moving out of CA • Termination • Notice • Petition to Fix • Order 2007 SRL CONFERENCE

  20. STAGE FOUR: LIVING WITH IT Visitation by Parent No JC Form Petition for Visitation • Notice • Petition • Order 2007 SRL CONFERENCE

  21. MORE MATERIALShttp://www.courtinfo.ca.gov/programs/equalaccess/San Bernardino’s Training Manual – basic programSan Bernardino’s Advanced Manual – includes estates (sample accounting) 2007 SRL CONFERENCE

  22. VOLUNTEERS • Time to recruit • Time to train • Time to administrate • Worth every effort 2007 SRL CONFERENCE

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