What is the process for transferring guardianship?
The process for transferring guardianship in California depends on the type of guardianship being transferred. If the guardianship is a limited guardianship, which is one that is granted to a parent or guardian who is responsible for the care and custody of an individual under the age of 18, then the transfer will take place in a court proceeding. In court, the existing guardian will have to provide proof that they are no longer able to provide adequate care for the minor. Once these requirements have been met, the court will appoint a new guardian. For a fully guardianship situation, which is when an individual has been deemed incompetent to manage some of his/her own affairs, the transfer process is slightly more complicated. The existing guardian will need to petition the court to step down, and then a new guardian will need to be selected. The proposed new guardian will have to submit forms to the court, and the court will decide whether or not the new guardian is fit to take on the role. The court may also require that the new guardian provide a bond to demonstrate their financial responsibility. Once a new guardian has been selected, the court will issue a guardianship order granting the new guardian full authority over the individual in question. It is important to remember that guardianship transfers must comply with all state and local laws, and the entire process must adhere to the wishes of the individual who is being transferred.
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