How do you set up a guardianship?

Setting up a guardianship in California requires filing certain legal documents with the court. This process is referred to as “probate” and must be done for any guardianship of minors or adults who are unable to make informed decisions due to a physical or mental disability. First, the guardian must file a petition for guardianship in the county where the court of probate is located. This petition must include detailed information regarding the proposed ward, the proposed guardian’s relationship to the ward, and the proposed plan of care for the ward. The petition must also include evidence of the ward’s disability. Next, the court will require the guardian to attend a hearing to answer questions and present evidence related to their petition. At the hearing, the court may require that the guardian complete a criminal background check, provide a bond, or take additional steps to ensure the best interests of the ward. Once the hearing is completed, the court will issue an order appointing the guardian and granting the guardian any powers granted in the petition. The guardian will then take the order to the local county recorder’s office to be recorded. Afterward, the guardian will be responsible for filing periodic reports with the court which detail the ward’s condition and any changes in the guardian’s plan of care.

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