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Facts About Legal Guardianships
What is a legal guardianship, and what does it mean?
A legal guardianship is a decision by a judge that a person other than your parent will have custody of you. Guardianship gives an adult you live with the authority to make decisions for you that a parent would normally make. The guardian has the right to raise you without your parents getting involved.
Who can be my guardian? What does a guardian do?
A person over 18 years old can be a legal guardian for a person under 18. Guardians are usually relatives or family friends — responsible people you know well. The guardian is responsible for your care: making sure that you are clothed and fed, that you are enrolled in and going to school, and that you see a doctor when you are sick. Your guardian must also be kind and loving toward you.
Why might I need a guardian? Can't I live with a person other than my parents?
You can legally live with other adults without a guardianship if you have your parents' permission. Sometimes that kind of arrangement is fine; but some young people can't live with their parents because they are treated badly there and fear that their parents will force them to return home. Guardianships can also help young people when their parents don't take care of them, because of lack of money, drug abuse, or being in jail.
Even if it's fine with your parents for you to live with another adult, it's hard for that adult to meet your needs without legal authority. Some health insurance companies will not insure a minor on an adult's policy unless the adult is a parent or guardian. It's difficult to get medical care without a parent or guardian's signature. Also, government benefits (welfare) rules require you to live with a parent, close relative, or a guardian to receive aid.
Guardianships aren't always necessary. If you'll live away from a parent for only a short time or your parent wants you to be there, the adult you're living with can sometimes take care of your needs with a Caregiver's Authorization Affidavit, a form your parent can sign. Legal Services for Children can help you figure out if you need a guardianship or if the Affidavit will work for you.
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If you think you need a guardianship, or if you need help because you can't live with your parents, call Legal Services for Children at (415) 863-3762. An intake worker can talk with you about guardianships and other options. Legal Services for Children helps young people get guardianships and other legal and social services. |
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What does a guardianship do to my relationship with my parents?
Your parents are still your parents — a guardianship doesn't change that. Guardianship takes away your parents' ability to make decisions about your life: the guardian raises you on his or her own. You can still see your parents, but you and your guardian will decide when and how often you will visit with them. A court can also determine when your parents see you by making a visitation order.
How do I get a legal guardianship?
Getting a guardianship is done through the Superior Court in your county. If you are under 12 years old, the person you want to be your guardian asks the court to make him or her your guardian. If you are 12 or over, you can ask the court to appoint your guardian.
To get a guardianship, you or the adult you live with fills out the court's forms. You have to give copies of the forms to the court and to your parents, grandparents, brothers, and sisters. If the proposed guardian is not a close relative, the Department of Social Services will investigate to see if the guardianship is in your best interest. The court then holds a hearing. At the hearing, the judge will decide if the guardianship is in your best interests.
What will the hearing be like?
Guardianship hearings are all different, so there's no way to know exactly what your hearing would be like. If your parents, grandparents, brothers and sisters agree to the guardianship, the hearings are usually simple. If someone objects to the guardianship, it will be more complicated.
The older you are, the more likely the judge is to consider what you want. The judge may ask you if you want the proposed guardian to be your guardian, and why. The judge may ask you other questions as he or she tries to figure out what is best for you.
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How long does a guardianship last? What if it doesn't work out?
A guardianship lasts until you turn 18, get married, are legally emancipated, or are adopted. A guardianship can also be ended by the court if you (if you're over 12), the guardian, or someone else asks for it to be ended, and if the judge finds that the guardianship is no longer in your best interests. If your guardianship isn't working out, call Legal Services for Children.
What is Legal Services for Children, and how can you help me?
Legal Services for Children provides free legal and social services to people under 18 in the San Francisco Bay Area. We represent minors in many cases: dependencies, guardianships, delinquencies, status offenses, restraining orders, emancipations, school discipline and special education disputes, immigration, and mental health issues.
If you need help, call (415) 863-3762 and ask for the intake worker.
All information on this site is based on California law only, as of June 1, 2005
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