Can a guardianship be created without going to court?

Yes, it is possible to create a guardianship without having to go to court in California. This is usually done through a formal agreement between the minor’s parents and the person who will become the guardian. This agreement must specify the rights and responsibilities of the guardian, and is usually filed with the court. In California, the court may also appoint a guardian without a formal agreement if it finds that the minor’s parents are unable or unwilling to care for the minor. In order to be appointed as a guardian, the person must be of sound mind, at least 18 years old, and not a convicted felon. Once a guardianship is in place, the guardian is responsible for making decisions about the minor’s education, medical care, and other important matters. The guardian is also responsible for managing the minor’s finances and property. In some cases, after a guardian is appointed, a court hearing may be held to determine if the guardianship should continue or be terminated. If the court decides to terminate the guardianship, then the minor’s parents may resume their rights and responsibilities. Overall, creating a guardianship without going to court is possible in California, but the guardian must still meet certain criteria and the agreement must be approved by the court. Furthermore, even if the guardianship is created without court intervention, the court may still step in to modify or terminate the guardianship at any time.

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