What are some alternatives to becoming a guardian through the probate court?

A guardianship is not always necessary; there are alternatives to a legal guardianship that don’t require going through the probate court! Here are some of your other options:

Option 1: Power of Attorney for a Minor Child:

    A caregiver can sign a Power of Attorney for a Minor Child in front of a notary that gives you physical “custody” of the child and lets you make decisions about the child's education and medical care. Learn more about notary services on PG. 32.
    Make sure you have the child’s health insurance information. If you want to add the child to your health insurance, you will likely need a court-ordered guardianship (called a “guardianship of the person”), since most insurance companies will require a court order.
    The parents can cancel the Power of Attorney at any time. [2421]

Option 2: Caregiver’s Authorization Affidavit:

Get a Caregiver's Authorization Affidavit and instructions online at: http://www.courts.ca.gov/documents/caregiver.pdf.

    If the child will remain in California, the person taking care of the child can complete and sign a Caregiver's Authorization Affidavit.
    If you are a relative of the child, this document allows you to enroll the child in school and make decisions about the child’s medical care. If you are not a relative, you will only be able to enroll the child in school and make medical decisions for the child that are related to school (like immunizations or physical exams required for school enrollment).
    The Caregiver's Authorization Affidavit is NOT an official court form.
    The parents do not have to sign the Caregiver's Authorization Affidavit.
    The parents can cancel the Caregiver’s Authorization Affidavit at any time.
    If the child is no longer living with the caregiver, the affidavit is not valid. The caregiver must notify the school and health care provider if the child is no longer living with him or her.
    There are certain things that you will NOT be able to do or you will have a lot of difficulty even if you have this form and a notarized letter. For example, it may be hard for you to get medical insurance for the child unless you are the legal guardian. Most insurance companies will not allow you to add the minor to your insurance unless you have a court order making you the guardian.[2422]

Option 3: Private Agreement with Child’s Parents:

This would be an agreement between you and the child’s parents. In case you ever have to go to court over the agreement, it’s best if a lawyer writes the agreement, and both you and the child’s parents sign it.[2423]

  1. 2421

    Judicial Council of Cal., Juvenile Court Guardianship, http://www.courts.ca.gov/1206.htm#1. ↑

  2. 2422

    See Judicial Council of Cal., Alternatives to Guardianship, http://www.courts.ca.gov/1210.htm. ↑

  3. 2423

    See Judicial Council of Cal., Alternatives to Guardianship, http://www.courts.ca.gov/1210.htm ↑