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Probate Court
Guardianship - Introduction
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This section talks about Probate Guardianships.
A probate
 Guardianship is when the Court appoints an adult who is not the
child’s parent to take care of the child or the child’s property.
The Probate Court can only grant a Probate Guardianship if the child is not
involved in a Family Court or Juvenile Court action.
For information on child custody related to divorce, see the
Family Court section of this website.
For information on custody of children who are victims or neglect or abuse or
who are “youthful offenders”, see the
Juvenile Court section of this website.
Click on a topic to learn about:
 Get
help online filing out guardianship forms!
Click here to find out about "EZ Legal File" - an
online interactive (question/answer) free form generator for
guardianship and other forms.
What is a
Probate Guardianship?
There are two kinds of Probate Guardianship:
- Probate Guardianship of the Person
- Probate Guardianship of the Estate
Probate Guardianship of the Person is set up because a
child is living with an adult who is not a parent, and the adult needs the legal
authority to make decisions on behalf of the child. In a Probate Guardianship of
the Person, the guardian has full legal and physical custody of the child.
What does a Guardian of the Person do?
The guardian generally has the same responsibilities as a parent. That means the
guardian is responsible for the child’s care, including the child’s:
- Food, clothing and shelter
- Safety and protection
- Physical and emotional growth
- Medical and dental care
- Education and any special needs.
What does a Guardian of the Estate do?
A Guardian of the
Estate manages a child’s income, money, or other property
until the child turns 18. A child may need a Guardian of the Estate if s/he
inherits money or assets. In most cases, the Court appoints the surviving parent
to be the Guardian of the child’s Estate.
In some cases the same person can be the Guardian of the Person and of the
Estate. In other cases, the Court will appoint two different people.
Other resources
Read:
- Duties of Guardian, Judicial Council form
GC248
- Probate Guardianship Pamphlet, Judicial Council
Pamphlet
GC-205
- Probate Guardianship: Rights and Responsibilities, available from the Santa
Clara County Court Investigator, 191 No. First St., San Jose, CA 95113.
- California Conservatorships and Guardianships, a book for lawyers published by
the California Continuing Education of the Bar (CEB)
You can also look for Self-Help books at libraries, bookstores or the Santa
Clara County Law Library at 360 N. First Street, San Jose. Call 408-299-3567, or
visit www.sccll.org
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