Can a minor consent to a guardianship?

In California, minors (persons under the age of 18) cannot legally consent to a guardianship. However, the court may still appoint a guardian with the minor’s consent if the minor can demonstrate to the court that they understand the nature and consequences of guardianship and have the capacity to make an informed decision. The court will also consider the minor’s wishes, as well as the advice and opinion of the minor’s parents or guardians. In California, minors can make decisions regarding marriage, joining the military, and certain medical decisions. However, when it comes to guardianship, minors are not seen as having the capacity to make an informed decision. This is because of the long-term responsibilities and obligations that come with being a guardian. Furthermore, any guardianship agreement must be approved by the court and the court may require that a guardian be appointed over the minor’s property and financial affairs. This means that the minor would not be able to decide which guardian to appoint or how the guardian will manage their financial affairs. In summary, in California, minors cannot consent to guardianship for themselves. However, the court may still consider their wishes when making a decision and may require a guardian to be appointed over the minor’s financial affairs. Ultimately, the court will make the decision regarding guardianship, taking into account the best interests of the minor.

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