How are guardianship decisions made?

In California, guardianship decisions are typically made by a judge after a hearing. The judge will examine the facts of the case and consider the best interests of the person to be placed under a guardianship. Title 8 of the California Probate Code establishes the process and criteria a court must follow in determining whether a guardianship be established. The Court looks at whether a person is unable to provide for their personal needs or manage their financial affairs. To make a determination, the court will consider the current and projected needs of the person, the circumstances in which the person requires guardianship, and whether the person has an available family member or friend who is able and willing to provide assistance or guardianship. The court may also consider any medical or psychological evidence presented by the parties to the hearing. The court will make its decision based on the evidence presented and the best interests of the person requiring guardianship. The court may appoint a guardian ad litem to help determine the most appropriate guardianship arrangement. The guardian ad litem will examine the person and their needs and make a recommendation to the court on the best course of action. The judge will ultimately decide whether to grant the guardianship petition. The court may also appoint a conservator, if necessary, to manage the person’s financial affairs.

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How are guardianship decisions made?

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