Guardianship Tips

Did You Know…………..

  1. When preparing a Guardianship Petition the fee waiver request is based on the ward’s income, or whether the ward receives government benefits NOT the income of the Proposed Guardians.
  2. Pursuant to Family Code 6552, If a caregiver does not have Guardianship they can sign a Caregiver Authorization Affidavit to obtain medical care or enroll the child in school if the following are true:

The Caregiver provides a statement that the child lives in their home and the Caregiver provides a statement that there is no objection by parents or parents cannot be located. This document does not need to be witnessed or notarized.

  1. Pursuant to Probate Code 1510, a minor child (12 years of age or older) may file a Petition for Guardianship requesting a specific person be appointed as their guardian.
  2. The Consent of the Guardian is not required for any medical or surgical treatment where the ward alone may consent: Blood donation, surgical care related to prevention; or treatment of pregnancy, contagious disease, or rape.

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