Termination - Guardianship - Probate - CA

Section § 1600

This law explains when a guardianship of a person or estate ends. Typically, it ends when the person, known as the ward, becomes an adult. However, the guardianship can be extended to age 21 if the ward requests or agrees to it.

It also ends if the ward dies, gets adopted, or becomes legally independent (emancipated). The guardianship of the estate, which deals with financial matters, ends when the ward dies, but there might be exceptions as specified in other sections.

(a) A guardianship of the person or estate or both terminates when the ward attains majority unless, pursuant to Section 1510.1, the ward requests the extension of, or consents to the extension of, the guardianship of the person until the ward attains 21 years of age.

(b) A guardianship of the person terminates upon the death of the ward, the adoption of the ward, or upon the emancipation of the ward under Section 7002 of the Family Code.

(c) A guardianship of the estate terminates upon the death of the ward, except as provided by Section 2467 and Article 4 (commencing with Section 2630) of Chapter 7 of Part 4, and except as otherwise provided by law.

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Section § 1601

This law section explains that guardianships can be terminated by the court if it's deemed in the best interest of the minor or if an adult ward requests it. Those who can petition to end the guardianship include the guardian, a parent, the minor themselves, or, in cases involving an Indian child, the Indian custodian or tribe. A person 18 years or older can petition to end their own guardianship which the court will grant. Proper notice must be given for the hearing, following specific guidelines.

Upon petition of the guardian, a parent, the minor ward, or, in the case of an Indian child custody proceeding, an Indian custodian or the ward’s tribe, the court may make an order terminating the guardianship if the court determines that it is in the ward’s best interest to terminate the guardianship. Upon petition of a ward who is 18 years of age or older, the court shall make an order terminating the guardianship. Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.

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Section § 1602

This law recognizes the important role guardians play when parents can't care for their children. If a guardianship ends, the court can decide if the child should still visit the former guardian. The court has the power to order visits if it's in the child's best interest. This visitation order can only be changed if circumstances significantly change and it benefits the child. The visitation order is also filed in any custody case involving the child, and it may be the basis for starting a court case about the child's custody.

(a) The Legislature hereby finds and declares that guardians perform a critical and important role in the lives of minors, frequently assuming a parental role and caring for a child when the child’s parent or parents are unable or unwilling to do so.

(b) Upon making a determination that a guardianship should be terminated pursuant to Section 1601, the court may consider whether continued visitation between the ward and the guardian is in the ward’s best interest. As part of the order of termination, the court shall have jurisdiction to issue an order providing for ongoing visitation between a former guardian and his or her former minor ward after the termination of the guardianship. The order granting or denying visitation may not be modified unless the court determines, based upon evidence presented, that there has been a significant change of circumstances since the court issued the order and that modification of the order is in the best interest of the child.

(c) A copy of the visitation order shall be filed in any court proceeding relating to custody of the minor. If a prior order has not been filed, and a proceeding is not pending relating to the custody of the minor in the court of any county, the visitation order may be used as the sole basis for opening a file in the court of the county in which the custodial parent resides. While a parent of the child has custody of the child, proceedings for modification of the visitation order shall be determined in a proceeding under the Family Code.

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