Anyone qualified to petition for the appointment of a guardian may petition for the appointment of a temporary guardian. Prob C. Section 2250(a). Thus, the minor if age 12 or older, his or her spouse, or a relative or “other person on behalf of the minor” may file the petition. See Prob C Section 1510(a). Usually, the party filing the petition for appointment of a guardian also files the petition for the appointment of the temporary guardian.
Choosing the Proposed Guardian: Before preparing the petition for appointment of a temporary guardian of the estate or person, make sure you ask a bonding company whether the proposed guardian can qualify for a bond. If the proposed guardian fails to qualify for a bond, you should petition for the appointment of another individual who is bondable. This can be another family member, a friend, the public guardian or private professional fiduciary. Other alternatives if the proposed guardian does not qualify for a bond including placing the guardian’s funds in a blocked account or requesting an order that the letters of temporary guardianship specify that the temporary guardian is not authorized to take possession of money or any other property without a specific court order.
Contact an Orange County Guardianship Lawyer today for help.