Temporary Guardianship

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Commonly Asked Questions about Temporary Guardianship

How does guardianship work in California?

Guardianship of the person The court orders that an adult (a guardian) other than a childs parent has the right to make legal decisions in a childs life and has responsibility for the childs care. For example, the guardian makes decisions about the childs medical care and where the child goes to school.

How long does the guardianship process take in California?

From the time the petition for guardianship is filed, it may take up to two months for the guardianship to be granted. The amount of time depends on the proper notice to relatives and a completed investigation as to the appropriateness of the guardianship.

Do legal guardians receive money from the state of California?

Foster care payments: Some guardians can receive foster care payments. These payments can be higher than welfare payments. Kin-GAP (Kinship Guardianship Assistance Payment Program): You can receive Kin-GAP if you are related to a child in a dependency case. These payments are the same as as foster care payments.

What are the disadvantages of legal guardianship?

If you gain guardianship, your child loses the freedoms he or she would have as an adult. The child will lose the right to handle his or her own finances, make healthcare decisions, choose residency, or make any other decision that the court has given the guardian power to decide.

How do I write a letter for temporary custody?

1. I hereby declare that I have legal custody of the above named child. 2. I hereby grant my full permission and consent for the temporary guardian to establish a place of residence for my child, and for my child to reside and travel with said temporary guardian.

What are the disadvantages of being a legal guardian?

There may be an unnecessary infringement of the alleged incapacitated persons privacy, freedom and loss of decision-making authority. The appointed guardian may over time become overly protective, dominating and arbitrary.

How long is temporary guardianship in California?

Temporary guardianships are awarded for a short period of time, usually no longer than six months. Temporary guardianship grants a guardian all the legal rights and responsibilities relating to the care of the child. A guardian has full legal and physical custody of the child, and makes decisions about their care.

What rights do legal guardians have in California?

Legal guardians have a lot of the same rights and responsibilities as parents. They can decide where the child lives and goes to school, and they can make decisions about the childs health care. Note: There are 2 kinds of guardianships in California.