What is an informal guardianship?

An informal guardianship is a form of guardianship in California that does not go through a court process. In an informal guardianship, a caretaker is appointed to provide care for a minor child or a vulnerable adult. The caretaker does not have to go through the court system for approval and does not need to be legally appointed by a judge in order to take on the role of guardian. The caretaker is typically a family member or close friend of the minor or vulnerable adult and the appointment of the caretaker is informal and voluntary. The caretaker is responsible for making decisions that are in the best interests of the minor or vulnerable adult and must communicate any changes in the care they are providing to the court. A caretaker in an informal guardianship cannot make any legal decisions on behalf of the minor or vulnerable adult and is not able to make medical decisions or manage any financial assets. However, an informal guardian can help make decisions related to the care and welfare of the minor or vulnerable adult and may be able to access financial support or services for them if needed. Informal guardianships are not legally binding and can be terminated at any time. To terminate an informal guardianship, the guardianship roles and responsibilities must be documented in a legally binding document and signed by both parties.

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