Probate Court Guardianships

In this section, you can find out answers to the following questions:

No. In fact many adults who have physical custody of a child avoid becoming a legal guardian because:

The caretaker believes the child's parents will not consent to a legal Guardianship.
Filing for a Guardianship would cause more problems among family members.
The caretaker doesn't want the Court to monitor his or her personal life.
The caretaker will only act as guardian for a short period of time and the parents are willing to sign a form called a Caregiver's Authorization Affidavit.

Can I still act as the child’s caretaker without being the legal guardian?

Yes. In California, parents can sign a Guardianship Authorization Affidavit. This form gives a relative permission to make decisions about the child’s education and medical care, or a non-relative permission to make decisions about education and school-related medical care. The form says the child’s parents give you informal "custody" of the child.

If you are a non-relative, it’s also a good idea to get a medical release from the parents. This will allow you to make medical decisions beyond school related health care needs

For more information, read Family Code section 6550.

You can get a copy of this form from a legal forms book at a bookstore or stationery store, from a lawyer, or from the Self Service Center.
Will the Guardianship Authorization, Affidavit of Caregiver or a notarized letter from the parents allow me to meet all the child’s needs?

Maybe not. Here’s why:

Not all schools or medical facilities accept these forms.
The parents can cancel the forms at any time.
If the parents changed their minds and wanted the child back, it might not be safe for the child.
It may be hard for you to get medical insurance for the child unless you are the legal guardian.

If you think you need to set up a legal guardianship for the child, read the How to Establish a Guardianship of this website.