Can a guardian be appointed without a court order?

In California, guardianship can only be granted through court order. This means that the court must appoint someone to be the guardian for an individual or an estate. A guardian is a person who is legally responsible for providing care and protection for a person, or for managing their property and financial affairs. In some cases, it may be possible to appoint a guardian without a court order. This is known as a “voluntary” guardianship. For example, a parent may choose to appoint someone to be the legal guardian of their child in the event of their death. This type of guardianship does not require a court order, but it is still legally binding. However, in most cases, a court order must be obtained before a guardian can be appointed. This is because the court must decide if it is in the best interests of the individual for someone to be appointed as guardian. The court will look at the individual’s capacity to make decisions for themselves, their physical and mental health, their age, and other factors. It is also important to note that guardianship may be terminated at any time, either by the court or by the individual for whom the guardian has been appointed. Therefore, it is important to obtain a court order before appointing a guardian, to ensure that the guardianship is secure.

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