Duration of Guardianships

A court’s appointment of a guardian of a person or estate, or both, lasts until the minor’s18th birthday. Prob C section 1600(a). Guardianship appointments automatically terminate when the minor reaches 18 years of age. Guardianship of the person also terminates automatically on the adoption or emancipation (including marriage) of the minor. Prob. C section 1600(b); Fam C section 7002. Until the minor’s 18th birthday, the court retains jurisdiction over the minor.

When does guardianship terminate?

The guardianship may be terminated when good cause is shown that the guardianship is no longer in the minor’s best interest (e.g. when the assets of the estate have been expended, the minor’s parents are in a position to regain custody of their child, or the minor becomes emancipated, marries or dies). Prob C section 1601.

Upon a termination of guardianship, the court may grant visitation rights to the former guardian. Prob. section 1602. A vacancy in the office of the guardian does not end the guardianship. Termination or a new appointment is required.

Contact an Orange County Guardianship lawyer for further assistance.