Nomination Of Guardian - Establishment Of Guardianship - Probate - CA

Section § 1500

This law states that a parent can choose a guardian for their minor child in specific situations. First, both parents must agree on the guardian and document this in writing. Second, if one parent has passed away, cannot legally agree, or if their consent isn't needed for adoption, the other parent can nominate a guardian alone.

Subject to Section 1502, a parent may nominate a guardian of the person or estate, or both, of a minor child in either of the following cases:

(a) Where the other parent nominates, or consents in writing to the nomination of, the same guardian for the same child.

(b) Where, at the time the petition for appointment of the guardian is filed, either (1) the other parent is dead or lacks legal capacity to consent to the nomination or (2) the consent of the other parent would not be required for an adoption of the child.

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Section § 1500.1

This law explains special requirements for a parent of an Indian child consenting to the appointment of a guardian. The consent is only considered valid if given at least 10 days after the child's birth and recorded before a judge. The judge must ensure the parent fully understands the consent by explaining it in detail, either in English or a language the parent understands.

The law also allows the parent to withdraw their consent to the guardianship for any reason before the guardianship is finalized, and the child must be returned to the parent in such a case.

(a) Notwithstanding any other section in this part, and in accordance with Section 1913 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), consent to nomination of a guardian of the person or of a guardian of the person and the estate given by an Indian child’s parent is not valid unless both of the following occur:

(1) The consent is executed in writing at least 10 days after the child’s birth and recorded before a judge.

(2) The judge certifies that the terms and consequences of the consent were fully explained in detail in English and were fully understood by the parent or that they were interpreted into a language that the parent understood.

(b) The parent of an Indian child may withdraw his or her consent to guardianship for any reason at any time prior to the issuance of letters of guardianship and the child shall be returned to the parent.

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Section § 1501

This law allows a parent or any other person to choose someone to manage property for a minor. This can be property the minor gets as a gift or through deeds, trusts, wills, inheritances, insurance, or any kind of benefits. The choice of who will manage the property can be made before, during, or after the minor receives it.

Subject to Section 1502, a parent or any other person may nominate a guardian for property that a minor receives from or by designation of the nominator (whether before, at the time of, or after the nomination) including, but not limited to, property received by the minor by virtue of a gift, deed, trust, will, succession, insurance, or benefits of any kind.

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Section § 1502

This law explains how a person can nominate someone to be a guardian. You can make this nomination in the initial petition, during the hearing, or in a written document at any time before or after filing the petition.

The nomination takes effect immediately, unless the document specifies conditions that must happen first, like the person becoming legally unable to make decisions or passing away.

Even if the person who made the nomination later becomes unable to make decisions or dies, the nomination still stands, unless the document specifically says otherwise.

(a) A nomination of a guardian under this article may be made in the petition for the appointment of the guardian or at the hearing on the petition or in a writing signed either before or after the petition for the appointment of the guardian is filed.

(b) The nomination of a guardian under this article is effective when made except that a writing nominating a guardian under this article may provide that the nomination becomes effective only upon the occurrence of such specified condition or conditions as are stated in the writing, including but not limited to such conditions as the subsequent legal incapacity or death of the person making the nomination.

(c) Unless the writing making the nomination expressly otherwise provides, a nomination made under this article remains effective notwithstanding the subsequent legal incapacity or death of the person making the nomination.

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