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Duties of a Guardian in Guardianship Cases


California Judicial Council Form GC-248 itemizes the duties of a guardian. Briefly, some of the duties are as follows:

1) The guardian of the person of a child has the care, custody and control of the child. The guardian is responsible for providing food, clothing, shelter, education and all the medical and dental needs of the child. The guardian must provide for the safety, protection, and physical and emotional growth of the child.

2) The guardian has the full legal and physical custody of the child and is responsible for all decisions relating to the child. The child’s parents can no longer make the decisions for the child while there is a guardianship in place. The parents’ rights are suspended (not terminated) as long as a guardian is appointed for the minor.

3) The guardian is responsible for the child’s education. The guardian shall determine where the child will attend school.

4) The guardian has the right to determine where the child lives. Note: the proposed guardian does not have the right to relocate the child out of the State of California unless the court approves of same.

5) The guardian is responsible for the medical needs of the child.

6) A guardian may obtain child support for the child even after the appointment of a guardian. The parents are still obligated to financially support the child.

7) After the guardian is appointed, the court may require the guardian to allow the parent(s) visitation with the child.

For more information on filing a guardianship action in Orange County or if you would like to explore your options, contact an Orange County Guardianship Attorney today.

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