What are the criteria for determining who should serve as guardian?

When deciding who should serve as a guardian, the court will look at a variety of criteria. In California, the court must consider an individual’s “moral character,” as well as their willingness and ability to serve as a guardian. The court will also look at the individual’s “judgment and capacity” to act in the best interests of the minor. Additionally, the court will consider if the individual has any potential conflict of interests, such as being related to the minor or having financial ties to them. The court may also consider if the individual has a criminal record. If the individual does have a criminal record, the court may decide that it would not be in the best interests of the minor to be under their guardianship. Furthermore, the court may require that the proposed guardian be of legal age, reside in California, and have the financial means to provide for the minor. Additionally, the court may consider the wishes of the minor if they are of a certain age and deemed legally able to make informed decisions. If the minor is under the age of 14, the court will usually consider their wishes if there are others who are willing to act as the guardian. Though the court has the final say when it comes to guardianship, the court will consider all factors before deciding who is best suited to serve as the guardian.

Related FAQs

How much does it cost to become a guardian?
What is the role of the guardian ad litem in a guardianship case?
Can an individual object to a guardianship?
Who is responsible for a guardian’s legal fees?
Can a guardian be appointed without a court order?
How does a court decide to appoint a guardian?
How is a guardianship revoked?
How does a guardianship impact a ward's rights?
Who can petition the court for a guardianship?
What is a guardianship of the person?

What are the criteria for determining who should serve as guardian?

Related FAQs

Related Blog Posts