What is a legal guardian?

As a legal guardian, you are responsible for caring for and making decisions for the child, including:

    Where the child lives;
    Education;
    Health care;
    Social services;
    Financial support and/or public benefits;
    Supervision and misconduct;
    Driver license; military service; and marriage;
    Any other responsibilities that the judge orders. [2408]

Guardianship may look different depending on what court you are in. This section focuses on guardianships through probate court. To learn what guardianship looks like through a juvenile dependency court, visit PG. 755.

Why would I go to probate court to become the guardian of someone else’s child?

Sometimes a parent cannot take care of a child. Typical reasons include:

    Serious physical or mental illness;
    Military service and have to go overseas;
    In-patient rehabilitative treatment;
    Incarceration;
    Drug or alcohol abuse problem;
    History of being abusive; or
    Cannot take care of their child for some other reason.

A legal guardian can take care of a child when a parent is unable to until the parent is able to take care of the child again or a more permanent situation is made such as adoption. 

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    For more information about the duties of a guardian, read the Duties of Guardian form (GC-248), available on the California Court’s website at http://www.courts.ca.gov/documents/gc248.pdf ↑