What are the legal requirements for guardianship?

In California, guardianship is a legal relationship between a minor and their guardian. In order to become a guardian, certain legal requirements must be met. First, the guardian must meet the legal definition of an adult; meaning they must be 18 years of age or older. The guardian must also be a resident of California and have passed a criminal and background check. The guardian must also have the capacity to provide adequate care and supervision of the minor. Next, the guardian must be legally appointed by a court. This means that the court must approve of their guardianship and create an official legal document, known as a “Letters of Guardianship”. This document outlines the duties and responsibilities of the guardian and states the rights of the minor. Finally, the guardian must obtain a court order to make decisions on behalf of the minor. This court order allows the guardian to make legal decisions such as enrolling the minor in school, deciding the medical care the minor receives, and enrolling the minor into activities such as sports. For a guardianship to be legally valid, these legal requirements must be met in California. The guardian must be an adult, be legally appointed by a court, and has the authority to make decisions on behalf of the minor with a court order.

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