California guardianship laws let a probate court appoint an adult to care for a child under 18 when the child’s parents cannot. Depending on what the child needs, the court can grant guardianship of the person, guardianship of the estate, or both, and each type comes with its own duties, court oversight, and bonding requirements. Guardianship applies only to minors. If the person needing help is an incapacitated adult, California uses a separate process called conservatorship.
The Two Types of Guardianship
Guardianship of the person gives you day-to-day parental authority: where the child lives, which school they attend, and what medical, dental, and mental health care they receive. You provide food, clothing, shelter, and emotional support.1Judicial Council of California. Judicial Council Form GC-248 – Duties of Guardian Courts typically grant it when parents are deceased, incarcerated, struggling with addiction, or otherwise unable to care for the child.
Guardianship of the estate gives you control over the child’s money and property. A child might have assets from an inheritance, a lawsuit settlement, Social Security survivor benefits, or other sources. As guardian of the estate you inventory the property, keep accurate records, and file regular accountings with the court.2Judicial Council of California. Information on Probate Guardianship of the Estate Every dollar spent must benefit the child.
One person can hold both roles, or the court can split them — appointing a family member as guardian of the person while a licensed professional fiduciary or financial institution manages a complex estate.3California Legislative Information. California Code Probate 1514 – Appointment of Guardian Generally
Who Can Petition and Who Qualifies
A relative or any other person acting on the child’s behalf can file a guardianship petition. The child can also file on their own behalf if they are at least 12. Immigration status does not disqualify a relative from petitioning. If the proposed guardian is a licensed professional fiduciary, the petition also has to include the fiduciary’s hourly fee schedule, license details, and an explanation of how they became involved with the family.4California Legislative Information. California Code PROB 1510 – Petition for Appointment of Guardian
There’s no minimum age beyond being a legal adult, but the court looks closely at whether the proposed guardian can actually meet the child’s needs. For an estate guardianship, the judge weighs the ability to manage assets alongside genuine concern for the child’s welfare. If the child is old enough to form an intelligent preference about who should serve, the court must consider it.3California Legislative Information. California Code Probate 1514 – Appointment of Guardian Generally
Every petition triggers an investigation. When the proposed guardian is a relative, a court investigator handles it. When the proposed guardian is not a relative, the county’s child protective services agency investigates instead. The investigator’s report covers social history, the child’s developmental and emotional needs, the relationship between guardian and child, and how long the arrangement is expected to last.5California Legislative Information. California Code Probate 1513
Separately, the petitioner must serve notice on the local social services agency at least 15 days before the hearing. That agency checks the proposed guardian’s name against child abuse and neglect referral records and reports what it finds to the court.6California Legislative Information. California Code Probate Code PROB 1516 This is a child-welfare-specific check rather than a general criminal background search. Judges also consider domestic violence history, substance abuse, and financial stability from the investigator’s report.
Filing, Fees, and Notice
You file the petition in the superior court of the county where the child lives. It has to identify the proposed guardian, the child, the reasons guardianship is needed, and whether you are seeking guardianship of the person, the estate, or both.4California Legislative Information. California Code PROB 1510 – Petition for Appointment of Guardian
As of January 1, 2026, statewide filing fees are:
- Guardianship of the person only: $225
- Guardianship of the estate, or person and estate combined: $435, slightly higher in Riverside, San Bernardino, and San Francisco counties due to courthouse construction surcharges
- Temporary guardianship petition: $60, filed alongside the general petition
Fee waivers are available for petitioners who cannot afford the cost.7California Courts. Superior Court of California Statewide Civil Fee Schedule Effective January 1, 2026
After filing, you must serve notice on interested parties at least 15 days before the hearing. That list includes the child’s parents, grandparents, any siblings over age 12, the person the child currently lives with, the California Department of Social Services, and the local child welfare agency. If a parent’s whereabouts are unknown, you may need newspaper publication or a court waiver. If the child is or may be of Native American heritage, the child’s tribe must also be notified.
The investigator’s report itself is confidential, available only to served parties and their attorneys. The judge reads it before ruling, and any party can call the investigator to testify.5California Legislative Information. California Code Probate 1513 If the investigation surfaces allegations that a parent is unfit under California’s child dependency laws, the case gets referred out for a separate dependency investigation, and guardianship cannot be finalized until that investigation concludes.
Temporary Guardianship for Urgent Situations
When a child faces an immediate need for protection or care, you can file a petition for temporary guardianship, but only alongside a petition for general guardianship. The $60 temporary fee is on top of the regular filing fee. Temporary guardianship lets the court put protections in place quickly while the full case moves through the normal investigation and hearing timeline. County local rules govern scheduling, so check with the court where you’re filing.
What a Guardian Can and Cannot Do
Guardian of the Person
You have the care, custody, and control of the child. That covers food, clothing, and shelter; school enrollment and involvement in the child’s education; and arranging medical, dental, and mental health care.1Judicial Council of California. Judicial Council Form GC-248 – Duties of Guardian
Medical consent has a limit that catches guardians off guard. If the child is 14 or older, surgery cannot happen unless both the child and the guardian consent, or the court orders it. The only exception is a medical emergency. Guardians also cannot involuntarily place a child in a mental health treatment facility; that requires a separate conservatorship proceeding. Counseling and outpatient mental health services are within the guardian’s authority.1Judicial Council of California. Judicial Council Form GC-248 – Duties of Guardian The child normally lives with the guardian, but other arrangements can be made when they serve the child’s best interest.
Guardian of the Estate
You manage the child’s money and property strictly in the child’s interest. Income from Social Security, child support, public assistance, inheritances, or other sources must be used for the child’s benefit.8California Courts. What You Must Do as a Guardian Keep detailed records of every transaction, including the reason, and file regular accountings with the court.
Selling the child’s real or personal property requires court authorization. The court will approve a sale when estate income is insufficient to support the child, when the sale is needed to pay debts, or when it otherwise serves the child’s best interest.9California Legislative Information. California Code Probate 2541 Any payments from the estate to you or to your attorney also require a judge’s approval.8California Courts. What You Must Do as a Guardian
The Bond You Have to Post Before Letters Issue
Before you receive your official letters of guardianship, you must post a bond approved by the court. The statute requires it for every guardian unless a specific provision exempts them.10California Legislative Information. California Code Probate Code PROB 2320 The bond protects the child and anyone else with an interest in the estate by guaranteeing you’ll faithfully carry out your duties.
When the bond is written by a surety company, its amount equals the value of the child’s personal property plus the probable annual gross income from all estate property plus the probable annual gross payments from public benefits like Social Security or public assistance. If you use personal sureties instead of a surety company, that amount doubles.10California Legislative Information. California Code Probate Code PROB 2320 The court can increase or decrease the amount for good cause.
Ending or Changing a Guardianship
Guardianship automatically ends when the child turns 18 or dies. Guardianship of the person also ends if the child is adopted or becomes legally emancipated.11Justia. California Code Probate 1600-1602
Before those events, the guardian, a parent, or the child can petition to terminate early. The court grants termination only if ending the guardianship serves the child’s best interest.11Justia. California Code Probate 1600-1602 A parent seeking to reclaim custody typically needs to show the circumstances that led to guardianship have been resolved. Courts may order additional investigation or psychological evaluations first.
Short of full termination, the court can also swap out guardians. If a guardian of the estate can’t handle the financial responsibilities, a professional fiduciary or financial institution can take over. If a guardian of the person can no longer provide adequate care due to illness or a move, a replacement can be appointed. Any interested party can petition, and the same best-interest standard governs.
When a Guardian Falls Short
Financial mismanagement — spending estate funds on personal expenses, making reckless investments, or failing to account for money — can lead to removal and an order to repay every dollar the child lost. Fraud or embezzlement can bring criminal charges.
Neglecting a child’s basic needs, failing to arrange necessary medical care, or not enrolling the child in school can also trigger court intervention. If a child is in immediate danger, the court can issue an emergency removal order and appoint a temporary replacement. Family members or other concerned parties can file a petition challenging the guardian’s conduct at any time, prompting a formal review. Repeatedly ignoring court orders, such as failing to submit required accountings, can result in contempt proceedings.
A Simpler Alternative for Some Caregivers
Full guardianship is a significant step and isn’t always necessary. If you’re already caring for a child, California’s Caregiver’s Authorization Affidavit is a one-page document, signed under penalty of perjury, that lets you enroll the child in school and consent to school-related medical care like immunizations and physical exams without any court proceeding. If you are a relative, the affidavit also authorizes broader medical and dental care, including mental health treatment, giving you essentially the same medical consent authority as a court-appointed guardian.12California Courts. Caregivers Authorization Affidavit
The affidavit has limits. It does not give you legal custody, and you cannot use it to keep a child against a parent’s wishes. If the child stops living with you, the affidavit becomes invalid and you must notify any school or healthcare provider that received it. When legal custody is what you actually need — to protect a child from an unsafe parent, to manage the child’s property, or to make decisions a parent opposes — formal guardianship is the appropriate path.12California Courts. Caregivers Authorization Affidavit
Social Security Is a Separate Process
Being appointed guardian under California law does not automatically give you authority over a child’s Social Security or SSI benefits. The Social Security Administration runs its own process: you have to apply to become the child’s representative payee, and the SSA conducts its own investigation before approving anyone. A power of attorney is not accepted as a substitute.13Social Security Administration. A Guide for Representative Payees
A representative payee’s authority reaches only Social Security and SSI funds, not other income or medical decisions. Representative payees generally cannot collect a fee, but legal guardians who have been authorized by a court to charge a guardian fee are an exception.13Social Security Administration. A Guide for Representative Payees If the child receives federal benefits, apply for representative payee status promptly after your guardianship appointment so there’s no gap in access to the funds.